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1. | Introduction |
| 1.1 | These Bylaws were approved by the Executive Committee on the eleventh day of September 1999. |
| 1.2 | The Executive Committee may from time to time supplement, amend, or vary these By laws. |
| 1.3 | The Bylaws set out below aim to ensure fair, consistent and expeditious review and hearings with regard to eligibility and/or conduct and/or rules of the LDWA. |
2. | Definitions |
| 2.1 | In these Bylaws the following matters shall have the following meaning unless otherwise expressed or unless the context otherwise requires. |
| Articles means Memorandum and Articles of Association of the LDWA |
| Association means the Long Distance Walkers Association Limited |
| Breach means a breach by any Member, Local Group, Organiser, Participator or Officer of any of the Bylaws, Articles, Guidelines or Codes of Conduct. |
| Code of Conduct means those matters relating to conduct in the Articles of Association of the LDWA; in the Bylaws; in the Guidelines for Events; in the LDWA Handbook; in publications and/or materials otherwise issued by the Executive Committee. |
| Event means an organised marathon and/or long distance footpath walk and/or open challenges and/or social events organised under the auspices of the LDWA. |
| Executive Committee means the Executive Committee according to the Articles of Association of the LDWA. |
| Publication means any magazine published by LDWA from time to time and for the time being Strider; LDWA Handbook; Guidelines for Events. |
| Guidelines for Events means the Guidelines for Events published from time to time by the LDWA. |
| Local Groups means Local Groups as defined in the Articles. |
| Member means a Member of the Association defined in the Articles. |
| Officer means an Officer or a member of the Executive Committee of Management as defined in the Articles. |
| Organiser means a person and/or association charged with the organisation of an Event. |
| Participator means a person participating in an Event. |
3. | Scope |
| These Bylaws apply to: |
| • | Members of the Association as defined in the Articles |
| • | Officers |
| • | Local Groups |
| • | Organisers and Participators |
4. | Objectives |
| 4.1 | The following Bylaws have been devised by the Executive Committee to deal with the day to day running of the Association and are established in accordance with and subject to the Articles. In the event of a conflict between the interpretation expressed in these Bylaws and that expressed in the Articles the latter shall prevail. |
| 4.2 | The Association and its Executive Committee are committed to the principles of natural justice, fairness and equality. The Association is committed to preserving fair, consistent and expeditious review and/or hearings relating to its procedures. |
5. | Members |
| 5.1 | Members shall be appointed in accordance with the Articles. |
| 5.2 | Members shall conduct themselves in a reasonable manner. Members shall not do or permit anything to be done which brings or is likely to bring the Association or its Members or any Events into disrepute. |
6. | Local Groups |
| 6.1 | Local Groups shall be appointed in accordance with the Articles. |
| 6.2 | Local Groups shall adopt the Model Constitution and shall abide by the matters set out therein in the Articles and herein. |
| 6.3 | Local Groups shall conduct themselves in a reasonable manner. Local Groups shall not do or permit anything to be done which brings or is likely to bring the Association or its Members or any Events into disrepute. |
7. | Officers |
| 7.1 | Officers shall be appointed in accordance with the Articles. |
| 7.2 | Officers shall conduct themselves in a reasonable manner. Officers shall not do or permit anything to be done which brings or is likely to bring the Association or any Event into disrepute. |
8. | Events |
| 8.1 | Organisers shall conduct Events in accordance with the Guidelines for Events and/or any other applicable Code of Conduct. |
| 8.2 | Participators shall conduct themselves in a reasonable manner and shall not do or permit anything to be done which brings or is likely to bring the LDWA, or its Members or any Events, into disrepute. |
9. | Decisions |
| 9.1 | Decisions may be taken following: |
| 1. | A breach of these Bylaws by any Member, Local Group, Organiser, Participator or Officer. |
| and/or |
| 2. | Receipt of a valid complaint. |
| and/or |
| 3. | On the motion of the Executive Committee for a decision. |
10. | Structure |
| 10.1 | Under these Bylaws decisions shall be taken by the Ruling Panel. |
| 10.2 | Decisions shall be final save for an entitlement to appeal to the Appeals Panel pursuant to these Bylaws. |
| 10.3 | Decisions shall be binding pending an appeal. |
11. | Composition of the Ruling Panel |
| 11.1 | The Panel shall consist of no more than three members and no less than two members. |
| 11.2 | The members of the Panel shall be appointed from the members of the Association. |
12. | Application for a Decision |
| 12.1 | An application for a Decision may be made by any person with a bona fide interest including any Member, Officer, Organiser, Participator, Local Group or member thereof. |
| 12.2 | To be valid the application must: |
| Be in writing and addressed to the General Secretary of the Association and/or Chair/Secretary of Local Group at the address as published from time to time in Strider, and include the following details: |
| • | Full name and address of Applicant; |
| • | Date of application; |
| • | Clear identification of defaulting party and/or complaint; |
| • | Any documented evidence; |
| • | If in the opinion of the Applicant there are extraordinary circumstances a statement describing those circumstances and the need for an urgent Decision and/or other request. |
| 12.3 | If the application is defective the Applicant will be notified in writing of the defect and have seven (7) days to remedy the defect failing which the application will be dismissed. |
13. | Convening Ruling Panel |
| On receipt of an application or of its own motion the Executive Committee/Local Group Management Committee may convene a Ruling Panel. |
14. | Notification |
| 14.1 | On receipt of a valid application and/or motion the Ruling Panel shall notify the Applicant and/or any person against whom a complaint is made (the Respondent). Such notification will be sent to the address which is held on the Association mailing list. |
| 14.2 | Such a Respondent will be given twenty-one (21) days to submit their written response. For the response to be valid it must be in writing and addressed to the Chair of the Ruling Panel and include: |
| a) | The full name and address of the Respondent |
| b) | A statement in reply to the application |
| If the response is defective the Respondent will be notified in writing of the defect and have seven (7) days to remedy the defect failing which the response will be invalid. |
15. | Procedure |
| 15.1 | The Ruling Panel may determine the precise form, procedure and date of any hearing and/or review and shall notify the Applicant and Respondent of the same in writing. |
| 15.2 | The Ruling Panel need not hold a hearing to deal with an application if in the reasonable opinion of the Ruling Panel the matter can be resolved in a fair manner without a hearing. |
16. | Form |
| 16.1 | The Ruling Panel shall determine all matters regarding evidence and shall not be bound by judicial rules governing procedure and admissibility of evidence provided that the review and/or hearing is conducted in a fair manner with a reasonable opportunity for the relevant parties to present their case. |
| 16.2 | Any hearings and/or review shall take place in private and may be adjourned or postponed by the Ruling Panel. |
| 16.3 | The Ruling Panel shall have the complete discretion to make such order against any individuals and organisations responding, applying, and/or responding to any review and/or hearing in relation to the costs of the hearing and/or review and/or the reasonable expenses incurred as the Ruling Panel shall deem appropriate. |
17. | Notification |
| 17.1 | Once a Ruling Panel has reached a Decision it shall provide written notice to the Applicant and Respondent as soon as reasonably practicable. |
| 17.2 | Such written notice shall include a summary of the reasoning behind the Decision of the Ruling Panel. |
| 17.3 | Upon notification or upon such other dates specified by the Ruling Panel the decision shall be final and binding. |
18. | Appeals |
| 18.1 | A Member, Local Group, Officer, Organiser or Participator affected by a Decision may appeal any Decision of the Ruling Panel. |
| 18.2 | To be valid an appeal application must be addressed to the General Secretary of the Association and/or Chair/Secretary of Local Group: |
| a) | Made in writing within 45 days of notification of the Decision; |
| b) | Must set out details of the date, and the Decision appealed against and must contain a statement containing the full grounds of the appeal. |
19. | Convening the Appeals Panel |
| The Appeals Panel shall be convened by the Executive Committee and/or the Local Group Management Committee. |
20. | Composition of the Appeals Panel |
| No member of the Ruling Panel who made the original decision shall be a member of the Appeals Panel. |
21. | Procedure |
| The Appeals Panel shall be entitled to regulate the procedures prior to and at any appeal hearing as set out at Clauses 13, 15, 16 and 17 above. |
22. | General |
| 22.1 | All reviews and/or hearings will be conducted in English. |
| 22.2 | The Ruling Panel or Appeals Panel may publish extracts from its decisions. |
| 22.3 | All notifications being made pursuant to these proceedings shall be in writing. |
