CONSTITUTION OF HOLIDAY MULL
1. Name
The
name of the Association shall be Holiday Mull (hereinafter referred to
as “the Organisation”)
2. Area
The
area covered by the Organisation shall be the Isles of Mull and its
surrounding islands.
3. Status
The Organisation shall be a voluntary Association.
4. General
Purposes
(1)
The general purposes for which the Organisation shall be instituted are
as follows:-
[a]
to give special attention to the needs of the area in relation to the
promotion and development of tourism and to provide information about
the area; and to assist in the promotion of tourism in the Highlands and
Islands (as defined in the Highlands and Islands Development (Scotland)
Act, 1965 as amended.
[b]
to maintain contact with the bodies directing the local, regional and
national effort to tourism; and
[c]
to liaise closely with the various interests related in any way to
tourism in the area.
5. Membership
(1) Membership of the
Organisation shall be open to:-
[a]
any bona-fide accommodation provider or visitor attraction operating
upon the Isle of Mull and its surrounding islands.
[b]
approved bodies (as defined in paragraph [2] of this Rule) on payment of
the appropriate subscription so specified; and
[c]
any person representing a nominated body.
(2)
There shall be three types of membership, namely:-
[a]
Full Members
Persons
qualifying under paragraph (2)[a] of this Rule shall be deemed to be
full members if in the Opinion of the Organisation they have a
connection with or interest in tourism that is appropriate for
Representation in the organisation.
[b]
Commercial Members
Commercial representatives for the
purposes of this Rule shall be such a body having connection with
tourism as in the opinion of the Organisation is appropriate to have
representation in the Organisation.
[c]
Facilities Members
A facility member for the purpose of this Rule shall be such a
body or person as in the opinion of the Organisation is appropriate to
have representation in the Organisation.
(3)
Voting Rights
Each member of the Organisation shall be entitled to one vote at annual
and special meetings of the Organisation and shall be eligible for
nomination and election to the management committee.
(4)
Holiday Mull Committee Members, employees and representatives, whilst
transacting routine operational matters, will not knowingly (or
unknowingly), discriminate against any person on the basis of the
following: Gender, sexual orientation, marital status, race,
disability, age, mental health, ethnicity, political persuasion,
religious beliefs, or any other recognised condition which might serve
to raise prejudice and thereby exclude the right of any individual to
participate in the community business that Holiday Mull promotes.
6.
Subscriptions
(1)
Subscriptions shall be due for
payment annually on 1st Nov. each year or as decided by the
annual meeting.
(2)
The annual subscription will be set by the Management Committee and
ratified at the Annual General Meeting for implementation at the
subsequent membership year.
7. Management
(1)
The management of the Organisation
shall be conducted by a management committee (hereinafter referred to as
“Committee”) of such a number as shall be decided at the annual meeting.
This Committee shall possess all the powers of the Organisation
necessary for such particular purposes.
(2)
The Committee shall consist of
members elected at the annual meeting together with such other members
nominated by other Organisations by invitation, provided that the
nominated members shall not be entitled to vote at the annual meeting
for the election of said other members.
(3)
The number of elected members in the Committee must exceed the number of
nominated members.
(4)
In so far as is possible the
Committee should reflect the range of tourism interests in the islands.
(5)
In the Committee each member of the Committee shall have one vote.
(6)
The Committee when elected shall hold office until the next annual
meeting of the Organisation, when one third of its elected members shall
retire each being eligible for re-election.
(7)
The Committee shall elect the principal
officers of the organization, namely the Chair, Vice Chair, Secretary
and Treasurer
(8)
The Committee shall have power to
co-opt any members of the Organisation to the Committee. Such co-opted
members shall serve on the Committee until the next annual meeting of
the Organisation as though they were elected members. Any vacancy that
occurs in the principal office bearers during the period of office may
be filled by a member of the Committee elected by the Committee.
(9)
The Committee shall have power to set
up such Sub-Committees as they consider necessary for the carrying out
of their general or particular purposes and may appoint a Chair and a
Vice Chair to such Sub Committees. The Chair shall be an ex-officio
member of all committees.
(10)
At all meetings whether annual,
special or Committee the appropriate Chair shall take the Chair and in
his/her absence the Vice Chair. In the absence of either a ballot shall
be held for a Chair.
(11)
The Chair of the meeting shall have a
deliberative vote and in the case of equal voting a casting vote.
(12)
At all meetings of the Committee or of its Committees a quorum shall be
one third (1/3) of the members of that Committee.
8. Secretary
(1)
The Secretary shall carry out on
behalf of the Organisation the general and particular purposes of the
Organisation and Committee to the extent to which he/she is authorised
and directed by the Committee so to do.
9. Trustees
(1)
The members of the Committee shall by
virtue of their office be also deemed to be appointed Trustees in whom
the property and assets of the Organisation shall be vested for the
members of the Organisation for the time being.
(2)
Any interest in heritable property
acquired by the Organisation shall be taken in the name of the said
Trustees on behalf of the members of the Organisation: provided that any
deed relating to heritable property to which the Trustees are a party
may be lawfully executed on their behalf if executed by such of the said
Trustees as, for the time being, hold the offices mentioned in Rule
7(8).
(3)
The said Trustees may invest all
funds of the Organisation which they consider not likely to be required
for the immediate needs of the Organisation in any manner lawful to
trustees according to the law of Scotland.
10.
Finance
(1)
The Committee shall be responsible
for the Organisations financial affairs and shall through the Honorary
Treasurer arrange that correct accounts and books are kept by the
Organisation showing their financial affairs and that such accounts are
audited by an approved auditor. The Audited accounts are to be presented
annually at the Annual Meeting. For the purposes of accounts the
financial year will commence on the 1st November each year
and terminate on the 31st October in the following year.
(2)
Where funds shall be made available to the Organisation by nominated
bodies the Committee shall ensure, if so directed by such bodies, that
such funds are only used as so directed and that if required by the
nominated bodies the annual accounts of the Organisation shall clearly
show the use made by the Organisation of the funds so made available.
(3)
All cheques granted by the Organisation shall be signed by the Treasurer
and one principal office bearer or where the Committee so authorises and
directs by the Secretary (or by any person acting, for the time being,
as the Secretary).
(4)
Any profit made by the Organisation in the carrying out of its general
or particular purposes shall not be paid by the Organisation to its
members but shall be applied by the Committee to the funds used by the
Committee in the carrying out of such purposes.
11. Ancillary
Powers
In
connection with the carrying out of their purposes or particular
purposes under these Rules the Organisation shall have the following
additional powers:-
[a] To
organise functions and schemes to raise money in so far as these are
permitted by law.
[b] To
arrange for loans and grants and to accept gifts.
[c] To
rent, lease or acquire land, buildings or equipment and to grant
security over their property
[d] To
employ full-time and part-time staff as may be necessary from time to
time.
[e] To
provide recreational and entertainment facilities either at their own
expense or at a charge sufficient to meet their outlays in connection
therewith.
12 Meetings
(1)
The Organisation shall have an annual meeting to which all members shall
be invited.
(2)
The annual meeting shall be held not later than 1st April
each year and shall deal with:-
[a] the Annual Report and receipt of audited accounts;
[b] the election of Committee members
[c] The approval of Auditors;
[d] all other notified business;
[e] other urgent business at the Chair’s direction
(3)
The Secretary shall give at least
twenty eight days published notice of the date of the annual meeting.
(4)
Any business falling within paragraph
(2)[d] of this Rule shall be notified in writing to the Secretary so as
to reach him at least fourteen days prior to the date of the annual
meeting, The Secretary shall then intimate to members the business to be
dealt with at the annual meeting not later than ten days prior to the
meeting.
(5)
Special meetings of the Organisation may be called either
[a]
when the committee so decides or
[b] at the written request of two/thirds of the membership of the
Organisation. Any such request should be sent to the Secretary by
written notice given to all members at least 14 days before the meeting.
In exceptional or urgent circumstances the Chair may call a meeting
without such notice.
(6)
The Committee shall meet on at least four occasions during any one year
and the members of the Committee shall be given notice (including the
business to be conducted) of meetings at least seven days prior to the
meeting.
13. Expulsion
from Organisation
(1)
Subject to the provisions of this
Rule, any member may be expelled from the Organisation if in the opinion
of the Committee after inquiry, the conduct of the member is injurious
to the welfare and interests of the Organisation.
(2)
Before expelling any member, the
Committee shall give reasonable notice to the Member that his/her
conduct is about to be enquired into by the Committee and shall afford
him/her a reasonable opportunity of stating his/her case to the
committee.
(3)
Any notice calling a meeting of the
Committee at which it is proposed to consider the conduct of a member
shall draw attention to the proposal with sufficient particularity.
14.
Alteration of the Rules
(1)
At any general meeting the Rules may
be altered or added to where such alterations or additions are consented
to by two/thirds (2/3) of the members present at the meeting.
(2)
Any motion for alteration or addition to the Rules shall be intimated in
writing to the Secretary at least fourteen days before the date of the
meeting at which the alterations or additions are to be considered.
(3)
Any notice calling a meeting at which
it is proposed that the Rules or any alterations or addition thereto is
to be considered shall draw attention to the proposal.
15. Dissolution
(1)
Any motion for the dissolution of the
Organisation shall be intimated in writing to the Secretary at least
twenty-one days before the date of the meeting at which the motion is to
be considered.
(2)
Any notice calling a meeting at which
it is proposed that a motion calling for dissolution of the
Organisation is to be considered shall draw attention to the proposal.
(3)
If at any meeting where a motion for
the dissolution of the Organisation which has been intimated and
notified in accordance with this Rule is considered then if such a
motion is consented by two/thirds (2/3) of the members present at the
meeting, the Organisation shall be dissolved.
(4)
In the event of the Organisation
being dissolved the funds and assets thereof including any heritable
property shall be made over by the Committee as agreed by the membership
of the Organisation by a simple majority vote.
16. Copy Rules
The
Secretary shall make a copy of these Rules available for inspection at
all reasonable times by any member at the Office of the Organisation.
