 
|
WORLD
BOWLS REGULATIONS
(adopted August 2009)
|
These are the Regulations of World Bowls, a
Company registered under the Companies Acts
of the United Kingdom under No. 222,522 and having its Registered
Office at 40 Charlotte Square, Edinburgh EH2 4HQ (‘World
Bowls’).
|
Part I – Interpretation and definitions
| 1.1 |
Definitions |
| |
|
| |
In these Regulations unless the contrary intention appears:
- words and phrases shall have the meanings given to them in the Articles; and
- the following words and phrases shall have the following meanings:-
“Anti Doping Regulations” means the World Bowls Anti Doping Regulations, compliant with WADA requirements, adopted by World Bowls on 26th March 2004, as the same may be amended from time to time.
“Appeal Committee” means an independent appeal committee, consisting of no less than three persons, none of whom shall have served on the Disciplinary Committee nor have a conflicting interest in the case under consideration.
“Articles” means the Articles of Association of World Bowls, as amended from time to time;
"Associate" of a person means a Bowler playing in the same Game as that person.
"Bet" means to stake money on the outcome of a Game, generally but not necessarily for the purpose of securing a pecuniary gain.
“Bowler” means a person affiliated to a National Authority.
“Bulletin” means a bulletin issued in terms of Regulation 2.2;
“Code of Ethics” means the ethical conduct defined in Part X.
"Controlling Body" means the body having immediate control of the conditions under which a Game is played, in the order or precedence set out in the Laws of the Sport.
“Disciplinary Committee” means a disciplinary committee convened for that purpose by World Bowls.
“Disciplinary Hearing” means a hearing before a Disciplinary Committee
“Disciplinary Procedures” means those procedures set out in Part X.
"Event" means any international or national competition or tournament in the sport of bowls or such other competition or tournament as is governed by World Bowls.
“Financial year” means the year ending 31st December in each year;
"Game" means a game of bowls played at or as part of an Event.
“International Event” means an international competition, event or tournament in the sport of bowls in which two or more countries participate.
“Laws of the Sport” means the Laws of the Game for the Sport of Bowls, governing the playing of Bowls;
"Match Fixing" means offering or receiving a bribe, inducement or otherwise to cause or attempt to cause a Game to be determined otherwise than on its merits.
“Memorandum” means the Memorandum of Association of World Bowls, as amended from time to time;
“National” means a player allowed to represent a country pursuant to Regulation 9.
“Offence” means the commission of prohibited conduct in terms of Regulation 13.1.
"Official" means any Board or Council member, member of the board, council or executive of any National Authority, coach, umpire, team or squad manager, official bowls tester, authorised bowl inspector, promoter, match committee member or representative or medical officer or Responsible Official associated with a Game.
“Part” means a part of this Regulation.
“Player” means a person who is a member of a Member National Authority or a member of a Club affiliated to a Member National Authority (provided that, in each case, such person has paid their subscription or affiliation fees to such Member National Authority or Club).
“President” means the President for the time being of World Bowls;
“Regulations” means these regulations;
“Sanctions” means the provisions set out in Regulation 20;
“Statistical Return” means the return to be made by each Member National Authority
in terms of Regulation 3.4 hereof (a) in the form prescribed by the Executive Officer and stating inter alia the latest figures available (and the date thereof) of the clubs and members thereof affiliated to or under the control of that National Authority and (b)
containing a certificate as to the correctness thereof, signed by the president and secretary/executive officer of the National Authority.
“Statutes” means, together, the Memorandum, the Articles, the Regulations and any Bulletins issued in terms thereof.
“Testing Regulations” means the Regulations adopted on [ ] 2004, as the same may be amended from time to time.
“Voting Majority” means the votes of such number of voting Members |
| |
|
| 1.2 |
In these Regulations: |
| |
|
| 1.2.1 |
a reference to a function includes a reference to a power, authority and duty; |
| |
|
| 1.2.2 |
a reference to the exercise of a function includes, where the function is a power, authority or duty, a reference to the exercise of the power or authority or the performance of the duty; |
| |
|
| 1.2.3 |
words importing the singular include the plural and vice versa; |
| |
|
| 1.2.4 |
words importing the gender include the other gender; |
| |
|
| 1.2.5 |
references to persons include corporations and bodies politic; |
| |
|
| 1.2.6 |
references to a person include the legal personal representatives, successors andpermitted assigns of that person; |
| |
|
| 1.2.7 |
a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any legislative authority having jurisdiction); and |
| |
|
| 1.2.8 |
a reference to “writing” shall unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes or representing or reproducing words in a visible form, including messages sent by electronic mail. |
| |
|
| 1.3 |
If any provision of these Regulations or any phrase contained in them is invalid or unenforceable in any jurisdiction, the phrase or provision is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Regulations or affecting the validity or enforceability of that provision in any other jurisdiction. |
| |
|
Part II - Effect and Extent
| 2.1 |
The Regulations shall be binding on World Bowls, Members and National Delegates, so far as they are not inconsistent with the terms of the Memorandum and Articles. |
| |
|
| 2.2 |
Amendments, alterations, interpretations or other changes to the Regulations shall be advised to Members by means of Bulletins. Bulletins will be approved by the Board
and issued by the Executive Officer. Bulletins are binding on World Bowls, Members and National Delegates. |
| |
|
| 2.3 |
The Board shall promulgate Regulations in respect of such matters as may from time to time be required. |
| |
|
Part III - Obligations of Member National Authorities and Members
| 3 |
Member National Authorities shall: |
| |
|
| 3.1 |
conduct and administer Bowls in their particular country in accordance with the Statutes; |
| |
|
| 3.2 |
maintain a register of all bowlers in the country for which it is the National Authority; |
| |
|
| 3.3 |
comply with other reasonable requests of or directions by the Board. |
| |
|
| 3.4 |
reconcile their membership and forward an annual Statistical Return to the Executive Officer so as to reach the Executive Officer by 31st December in each year. |
| |
|
| 4 |
Members acknowledge and agree that: |
| |
|
| 4.1 |
they shall comply with and observe the Statutes, and any determination, resolution or policy that may be made or passed by the Council, the Board or any duly authorised committee; |
| |
|
| 4.2 |
the Statutes are necessary and reasonable for promoting the objects of World Bowls and particularly the advancement and protection of Bowls. |
| |
|
| 4.3 |
Recognised and Associated Organisations |
| |
|
| 4.3.1 |
World Bowls recognises the following organisations as being representative of the people they respectively purport to represent:
- Asia Lawn Bowls Federation;
- European Bowls Union;
- British Isles Bowls Council and British Isles
Women’s Bowls Council;
- African States-Zone VI;
- Professional Bowls Association
- Internationals Bowls for the Disabled
.
- Asia Pacific Bowling Association
|
| |
|
| 4.3.2 |
These organisations are not members of World Bowls, but World Bowls and its Members shall co-operate and use their best efforts with such organisations to promote their mutual interest in the Sport of Bowls. |
| |
|
| 4.3.3 |
Other Organisations: World Bowls may from time to time, in its discretion, give appropriate recognition to any other organisation upon being satisfied that such organisation was established wholly or in part to promote the Sport of Bowls amongst special interest groups it purports to represent. |
| |
|
| 4.3.4 |
Provision of Assistance: The Board of World Bowls may from time to time take whatever action the Board, in its discretion, deems appropriate to assist recognised representative organisations in increasing the participation of their respective members in the Sport of Bowls. |
| |
|
| 4.4 |
RECIPROCITY OF MEMBERSHIP |
| |
|
| 4.4.1 |
A player who is affiliated to a member National Authority should be granted reciprocal rights when visiting another Member National Authority. |
| |
|
| 4.4.2 |
Visiting players who are currently affiliated and in good standing with their home National Authority should obtain a letter or a similar form of introduction from their home Association to present to the visited Association. The letter etc. should be sent or presented initially to the Head Quarters of the visited association and a copy carried to present to each club etc. that is visited. |
| |
|
Part IV - Financial Matters
| 5 |
Records and Accounts |
| |
|
| 5.1 |
The Executive Officer shall establish and maintain proper records and minutes concerning all transactions, business, meetings and dealings of World Bowls, the Council and the Board and shall produce these as appropriate at meetings of Council. |
| |
|
| 5.2 |
Proper accounting and other records shall be kept in accordance with the Act. The books of account shall be kept in the care and control of the Executive Officer. |
| |
|
| 5.3 |
The Board shall forward to the Members the statements of account of World Bowls as required by the Statutes. |
| |
|
| 6 |
Funds |
| |
|
| 6.1 |
The funds of World Bowls shall be derived from Members' fees, levies, subscriptions, donations, grants, sponsorship and such other sources as are determined by the Board. |
| |
|
| 6.2 |
All money received by World Bowls shall be deposited as soon as practicable to the credit of World Bowls bank account. An appropriate receipt shall be issued as soon as practicable after receiving any money. |
| |
|
| 7 |
Subscriptions shall be: |
| |
|
| 7.1.1 |
recommended by the Board and fixed by the Council; |
| |
|
| 7.1.2 |
payable in respect of each Financial Year; and |
| |
|
| 7.1.3 |
due and payable at the office of World Bowls on a date not later than that determined by the Board. |
| |
|
| 7.2 |
The Executive Officer shall notify every Member National Authority of the amount of the subscription due, but failure of the Executive Officer to do so, or any non-receipts of such notice, shall not exempt a National Authority that is a Member from the obligations to pay. |
| |
|
| 7.3 |
Should any National Authority that is a Member fail to pay its annual subscription by the due date, it shall be precluded from exercising any rights under the Memorandum and Articles and shall be debarred from entering its members in any international or world competition under the auspices of World Bowls. No National Delegate or alternate National Delegate representing such National Authority that is a Member shall be entitled to exercise any vote at any Council Meeting or at any election or to take part in any discussion at a Council Meeting of World Bowls. |
| |
|
Part V - Laws of the Sport
| 8 |
Laws of the Sport |
| |
|
| 8.1 |
The Laws of the Sport for the time being promulgated by the Board shall be observed in all international games and matches and in Commonwealth Games and World Bowls tournaments and championships. |
| |
|
| 8.2 |
No alteration to the Laws of the Sport shall be approved unless it is passed by a two-thirds majority at a Council Meeting (provided always that the two-thirds majority constitutes a Voting Majority). |
| |
|
| 8.3 |
Member National Authorities shall observe the
Laws of the Sport in force under previos sub-clauses hereof
in all games played by the clubs and members thereof affiliated
to it or under its control. |
| |
|
| 8.4 |
Notwithstanding the foregoing provisions of this
clause, Member National Authorities may adopt Domestic Regulations
Laws of the Sport for use in their domestic play, but such Regulations
must only cover the specific aspects of the sport listed in
the Laws of the Sport in force under previous sub-clauses hereof.
|
| 8.5 |
Notwithstanding the Laws of the Sport for the
time being promolgated, the Board may, at its discretion, permit
Member National Authorities to experiment with what it considers
to be innovative changes to the way in which the sport is played.
Such changes can apply to domestic play and will be subject
to review by the Board.
In addition the Board will consider applications from Member
National Authorities to incorporate experimental changes in
one off International invitation competitions on a case by case
basis.
|
|
9
|
International Tours and Competitions |
| |
|
| 9.1 |
Any International Event shall require approval from the Board. The host National Authority or organisation must make a written application to the Board in due time for authorisation to stage the event, enclosing the proposed conditions of play for the event. Wherever possible, the application must be made to the Board, and the Board’s approval be received, before the formal invitations to participate in the event are issued. |
| |
|
| 9.2 |
The Board shall not unreasonably withhold approval for any proposed International Event, however without limitation to the forgoing generality, the Board shall be entitled (but not bound) to withhold approval of the proposed International Event where there is a clash of dates with major World Bowls Council meetings, with a World Bowls event, or with an event meant for the same category of players in the same geographical area. |
| |
|
| 9.3 |
The Board shall issue a formal written notice of approval to the relevant host National Authority and upon receipt of this written notice the National Authority shall be permitted to disclose a copy of such written approval to any country invited to participate in the International Event or any other third party wishing to confirm that the International Event is officially approved by World Bowls. |
| |
|
| 9.4 |
World Bowls via the Board shall be entitled to levy a fee for granting approval of any proposed International Event as considered appropriate. |
| |
|
| 9.5 |
Member National Authorities will be subject to sanctions (including fines) as considered appropriate by the Board for non-compliance with this Regulation. This shall apply to Member National Authorities either hosting or participating in non-approved events. |
| |
|
| 9.6 |
The approval shall be granted only if the participating players are Affiliated to the National Authority. |
| |
|
| 9.7 |
If a National Authority that is Affiliated competes against a National Authority that is not Affiliated, the Board shall impose such reasonable sanction against the National Authority that is Affiliated (including disqualification from a subsequent international event) as the Board considers appropriate in the circumstances. |
| |
|
| |
Eligibility of Players |
| |
|
| 9.8 |
Subject to Regulation 9.9, no player shall be
qualified to represent a country competing in any World Bowls
sanctioned international event (including all International
Events and all other Events) unless he or she: |
| |
|
| 9.8.1 |
is not currently under disqualification or suspension
by World Bowls or the National Authority of the country they
are representing; |
| |
|
| 9.8.2 |
satisfies the eligibility criteria
of the member National Authority of the country they are representing; |
|
9.8.3
|
complies with all applicable rules
and regulations of World Bowls, their member National Authority
and the World Anti Doping Code as may be applied by World Bowls
to ensure that the overriding principles of World Bowls are
observed. |
| 9.9 |
A player is qualified to represent a country
competing in any World VBowls sanctioned international event
(including all International Events and all other Events) if:
| 9.9.1
|
he or she was born in the country; or
|
9.9.2 |
he or she is a citizen of the country, or |
9.9.3 |
he or she has been a permanent resident of the country
for a period of twenty four months immediately prior to
the event. |
|
| |
|
| 9.10 |
A player who is eligible to represent
two or more countries competing in any World Bowls sanctioned
international event (including all International Events and
all other Events) in terms of Regulation 9.8 and 9.9, may upon
notice being given to the World Bowls Board elect to represent
either country. |
| |
|
| 9.11 |
A player who is eligible to represent
two or more countries competing in any World Bowls sanctioned
international event (including all International Events and
all other Events) in terms of Regulation 9.8 and 9.9, who has
previously represented a country in a World Bowls sanctioned
event (including all International Events and all other Events)
may not represent another country; |
9.12
9.13
|
9.11.1 for a period of at least twenty four months; or
9.11.2 without the approval of the National Authorities of
both countries that the player is eligible to represent; or
9.11.3 without the approval of the Board of World Bowls.
The Board of World Bowls shall have the power to alter or
waive the provisions of Regulation 9.10 and 9.11 in any case
for good reason or if circumstances warrant.
Athletes selected to represent National Authorities at the
Commonwealth Games must comply with Article 24 of the Commonwealth
Games Federation Constitution relating to eligibility.
|
Part VI - Appeals Procedure
| 10 |
Appeals |
| |
|
| 10.1 |
The Board shall adjudicate upon and determine: |
| |
|
| 10.1.1 |
any difference or controversy that may arise between one National Authority and another; and |
| |
|
| 10.1.2 |
any questions as to the meaning or interpretation of any provision of these Regulations. |
| |
|
| 10.2 |
The subject matter for adjudication shall be stated fully in writing to the Executive Officer who shall forthwith send a copy to each Director. If the Board cannot reach a decision by correspondence, the Board may defer the matter until its next Board meeting. The Board may call for such further information, and take such advice and other measures, as it deems necessary to enable it to reach a decision. |
| |
|
| 10.3 |
Either party to the difference or any person aggrieved by the decision of the Board may appeal to the Council. The decision of the Council shall be final and binding. |
| |
|
Part VII - Child Protection and Bowls testing matters
| 11 |
Child Protection |
| |
|
| |
Each Member National Authority shall introduce appropriate child protection measures in order to comply with the legislation of the jurisdiction in which the Member National Authority is located. |
| |
|
| 12 |
Bowls Testing |
| |
|
| |
The Testing Regulations shall apply. |
| |
|
Part VIII - Betting and match fixing
| 13.1 |
Prohibited conduct |
| |
|
| |
A Bowler or an Official shall not directly or indirectly (through an Associate or otherwise), alone or in conjunction with another: - |
| |
|
| 13.1.1 |
Bet on any Game in which he or she, or any Associate or Official, is involved; or |
| |
|
| 13.1.2 |
Participate (whether by act or omission) in Match Fixing. |
| |
|
| 13.2 |
Reporting and confidentiality |
| |
|
| 13.2.1 |
A Bowler or an Official must report any actual, possible or attempted Offence to their National Authority and/or World Bowls but shall not otherwise report or discuss the alleged Offence except in accordance with this Regulation. |
| |
|
| 13.2.2 |
The National Authority and/or World Bowls may request any person making a report in accordance with Regulation 13.2.1 to provide particulars in writing. If so requested, the Bowler or the Official involved shall provide such written responses within the time period specified by the National Authority and/or World Bowls. |
| |
|
| 13.2.3 |
Any report made in accordance with Regulation 13.2.1 shall be dealt with confidentially by the National Authority and/or World Bowls unless otherwise required or permitted under the Regulations, the Laws of the Sport or at law, or unless already in the public domain. |
| |
|
| 13.2.4 |
Any statement or media release regarding any alleged Offence shall only be made following determination of the matter in accordance with this Regulation, except as is deemed appropriate or necessary to protect or preserve the reputation and goodwill of the sport of bowls. |
| |
|
| 13.3 |
Disciplinary procedure |
| |
|
| |
If a report of an alleged Offence is made under Regulation 13.2, the matter shall be dealt with in terms of Part X. |
| |
|
Part IX - Doping
| 14 |
The Anti Doping Regulations shall apply. |
| |
|
Part X - Discipline
| 15 |
Disciplinary Committee |
| |
|
| 15.1 |
Composition |
| |
|
| 15.1.1 |
The Board shall appoint a Disciplinary Committee prior to the start of each Financial Year to serve for that Financial Year, which may consist of one or more divisions. The Disciplinary Committee shall be responsible for ensuring the observance of the Code of Ethics, the Statutes and the Regulations by all the Members and by Bowlers. |
| |
|
| 15.1.2 |
The Board shall exclude from the Disciplinary Committee any person who: |
| |
|
| 15.1.2.1 |
is involved in or is connected with a Disciplinary Hearing relating to the case currently before the Disciplinary Committee; or |
| |
|
| 15.1.2.2 |
declares conflicting interest in any matter before a Disciplinary Committee. |
| |
|
| 15.2 |
The Disciplinary Committee shall: |
| |
|
| 15.2.1 |
not conduct any business unless a quorum is present and unless otherwise provided in this Regulation, the quorum of the Disciplinary Committee shall be 3; and |
| |
|
| 15.2.2 |
comprise such number of members as is determined from time to time by the Board, subject to a valid quorum. |
| |
|
| 15.3 |
In an emergency situation any two members of the Disciplinary Committee may constitute a quorum. |
| |
|
| 15.4 |
If a member of the Disciplinary Committee resigns or otherwise becomes unable to complete his or her term of office World Bowls shall have the power to appoint another person in his or her place. |
| |
|
| 15.4.1 |
The Chief Executive Officer shall appoint a Chairperson on each occasion when the Disciplinary Committee is to be convened from one of the members appointed to the Disciplinary Committee. |
| |
|
| 15.5 |
Functions
The functions of the Disciplinary Committee shall be to: |
| |
|
| 15.5.1 |
hear and determine any allegation of Misconduct properly made to it under these regulations; |
| |
|
| 15.5.2 |
hear and determine any appeals properly made to it under these regulations; |
| |
|
| 15.5.3 |
peruse, comment on and where necessary amend notices of motion submitted for consideration at a Council Meeting; |
| |
|
| 15.5.4 |
if delegated by the Board, undertake any inquiry or investigation, on behalf of World Bowls. |
| |
|
| 16 |
Code of Ethics and Misconduct |
| |
|
| 16.1 |
A Bowler shall at all times (both on and off the bowling rink) conduct himself in a manner that reflects favourably on Bowls, upon fellow Bowlers, upon National Authorities and upon World Bowls. Failure to do so will render the Bowler liable to disciplinary action under these Regulations. |
| |
|
| 16.2 |
A Bowler shall be liable to disciplinary action by World Bowls if he has been found guilty of conduct likely to injure or discredit the reputation of Bowls, World Bowls, National Authorities or any of its Bowlers or is contrary to the policy objects of World Bowls or he wilfully violates or disregards the Statutes or the Regulations. |
| |
|
| 16.3 |
Statements |
| |
|
| 16.3.1 |
Critical or derogatory statements about World Bowls’ affairs shall not be made by any Bowler or Member through the media or to any third party. |
| |
|
| 16.3.2 |
The writer of any article shall submit the same for approval, through the Chief Executive Officer, in order that the accuracy of any information given in the article may be established. |
| |
|
| 16.3.3 |
Any Member and/or any Bowler who makes a statement that, in the opinion of World Bowls constitutes a breach of this requirement, is liable to disciplinary action by World Bowls as a breach of regulation 16.4.8.1 below. |
| |
|
| 16.3.4 |
Members and/or Bowlers will not make reference to their elected or appointed position or office within World Bowls in the endorsement or promotion of any product or service without the specific written approval of World Bowls. Failure to obtain such written approval may result in the Member or Bowler being liable to disciplinary action by World Bowls as a breach of regulation 16.4.8.1 below. |
| |
|
| 16.4 |
Misconduct
For the purposes of these regulations, the definition of “Misconduct” shall include, but shall not be restricted to, situations where any Bowler, Member or Official, as the case may be: |
| |
|
| 16.4.1 |
Breaches any provision of the Laws of the Sport; |
| |
|
| 16.4.2 |
Deliberately loses or attempts to lose a Game or plays unfairly; |
| |
|
| 16.4.3 |
Engages in unsportsmanlike behaviour; |
| |
|
| 16.4.4 |
Commits an Offence; |
| |
|
| 16.4.5 |
Alters a bowl after it has been stamped by a registered bowls tester without submitting it for retesting and restamping; |
| |
|
| 16.4.6 |
At any event, function or activity of World Bowls, or any Member, or whilst on the property of World Bowls, or any Member, uses any profane, indecent or improper language; |
| |
|
| 16.4.7 |
At any time or place engages in offensive or insulting behaviour towards World Bowls, any Member, or any person acting for or on behalf of World Bowls or a Member; |
| |
|
| 16.4.8 |
Breaches any provision of: |
| |
|
| 16.4.8.1 |
these regulations, or the regulations of any Member; |
| |
|
| 16.4.8.2 |
the regulations, (other than the World Bowls Anti-Doping regulations), or the regulations , by-laws or other regulations (however described) of any Member; |
| |
|
| 16.4.8.3 |
any policies of World Bowls or a Member, or |
| |
|
| 16.4.8.4 |
any reasonable direction of World Bowls or a Member (or person authorised on its behalf); |
| |
|
| 16.4.8.5 |
any decision of a Council Meeting, the Board or the Disciplinary Committee or any decision of any equivalent bodies at any Member; and/or |
| |
|
| 16.4.8.6 |
World Bowls or National Authority tournament conditions or other local rules. |
| |
|
| 16.4.9 |
acts in a manner which brought, or could bring, World Bowls or any Member into disrepute; |
| |
|
| 16.4.10 |
acts in a manner unbecoming of a Bowler, or a Member or which is prejudicial to the objects of World Bowls and/or the objects of a Member; |
| |
|
| 16.4.11 |
fails or refuses, for a period of one (1) calendar month to pay any fine or monetary penalty imposed by World Bowls and/or a Member; |
| |
|
| 16.4.12 |
aids or abets any of the conduct specified in 16.4.1 to 16.4.11 above. |
| |
|
| 16.5 |
Procedure for Misconduct
World Bowls may take action for any alleged Misconduct upon receiving details of the allegation in writing from any person or organisation and as otherwise set out in these regulations, whether or not that person or organisation is a Member. |
| |
|
| 17 |
Disciplinary Procedure
In performing its functions, the Disciplinary Committee shall follow the procedures set out in these regulations. |
| |
|
| 17.1 |
Decisions
Subject to the right of appeal (under regulation 18), all decisions of the Disciplinary Committee shall be final and binding on all Members and Bowlers. The failure to adhere to a decision of the Disciplinary Committee may result in the affected Member or Bowler being suspended or expelled from the Member and/or World Bowls, and/or such other steps being taken as set out in these regulations or the regulations of the relevant Member. |
| |
|
| 17.2 |
Commencement of Proceedings |
| |
|
| 17.2.1 |
Where any person, Member or organisation considers that a Bowler, Member or official of World Bowls has engaged in Misconduct under these regulations, they may refer the allegation of Misconduct to the Chief Executive Officer of World Bowls for determination by the Disciplinary Committee. |
| |
|
| 17.2.2 |
An allegation in regulation 17.2.1 shall be submitted in writing in the prescribed form set out in Annexure A and must be submitted as soon as possible and, other than an allegation under Law 54(1) of the Laws of the Sport, no later than 14 days after the alleged incident or incidents of Misconduct occurred. The Disciplinary Committee in its discretion may accept an allegation after 14 days if exceptional circumstances exist. An allegation under Law 54(1) of the Laws of the Sport made under these regulations must be submitted in accordance with Law 54(1) i.e. no later than 10 minutes after the final end in the game affected is completed. |
| |
|
| 17.2.3 |
Where an allegation is made under regulation 17.2.1 the Chief Executive Officer may take the steps set out in regulations 17.3 to 17.5. |
| |
|
| 17.3 |
Preliminary Procedure |
| |
|
| 17.3.1 |
If the alleged Misconduct is sufficiently serious, the Disciplinary Committee shall have the power to suspend the Member or Bowler forthwith and as soon as a complaint is received from any event or activity organised or authorised or held under the Regulations of World Bowls or any affiliated body whenever held from time to time where a prima facie case of the Member or Bowler having committed the Misconduct is reported to World Bowls. Such suspension shall: |
| |
|
| 17.3.1.1 |
be notified in writing to the Member or Bowler concerned as soon as reasonably possible; and |
| |
|
| 17.3.1.2 |
last until the formal hearing of the matter in question by the Disciplinary Committee, which Disciplinary Hearing will take place no more than 21 days after the commencement of such suspension. |
| |
|
| 17.4 |
Procedure for Hearing |
| |
|
| 17.4.1 |
Upon the Chief Executive Officer receiving an allegation of Misconduct under regulation 17.2 he or she shall as soon as is practicable: |
| |
|
| 17.4.1.1 |
notify all parties affected by the allegation of the fact that notice has been received and send to them copies of the allegation and any documentation or materials received in relation to it; |
| |
|
| 17.4.1.2 |
request the duly appointed Chairperson of the Disciplinary Committee, in consultation with the other members of the Disciplinary Committee, to determine a date, time and place for the hearing of the allegation; |
| |
|
| 17.4.1.3 |
give the parties affected by the allegation at least 28 days notice of the hearing, unless the Disciplinary Committee considers that the allegation must be determined urgently, in which case it may vary the timeframes set out in these regulations. The notice of the hearing shall:
(a) be in writing;
(b) state whether the party or parties concerned, are required to appear or whether the allegation will be determined on the papers;
(c) state the nature of the hearing and the matters or alleged offence(s) the subject of determination, the possible penalty or penalties and the date, place and time of the hearing; and
(d) be delivered personally, by post and/or by facsimile to the last known address or facsimile number of the party or parties concerned. |
| |
|
| 17.4.2 |
Should the Bowler or Member concerned fail to respond to the notice within the specified timescale, the Disciplinary Committee may conduct an investigation into the circumstances of the Misconduct in the absence of the Bowler or Member, considering such evidence as it shall reasonably consider fit, and reach a decision as to what sanctions, if any, are to be imposed. The hearing or investigation should take into consideration the circumstances and the known facts of the case. |
| |
|
| 17.4.3 |
Subject to these regulations, the Disciplinary Committee shall conduct the hearing as it sees fit and in particular it may accept evidence whether or not it would otherwise be legally admissible in a court of law and it shall not require any unnecessary formality, provided that it must comply with the principles of natural justice. |
| |
|
| 17.4.4 |
The Chairperson may, if necessary, make orders as to the direction of the hearing. |
| |
|
| 17.4.5 |
The hearing shall take place as soon as practicable. It may be held in person, by consideration of written submissions, by telephone or video conference, or any combination of the above or otherwise as determined by the Disciplinary Committee. |
| |
|
| 17.4.6 |
Persons appearing before the Disciplinary Committee shall be entitled to call witnesses but must present their case in person or through a representative of their choice, including a lawyer. All parties and their witnesses shall be given a full opportunity to be heard. |
| |
|
| 17.4.7 |
If the person against whom the allegation is made is absent or fails to make any written submissions, or their witness is absent, a decision may be made by the Disciplinary Committee in their absence or an adjournment may be granted. Before making such a decision in the person’s absence the Disciplinary Committee must satisfy itself that the person concerned was aware of the time, date and place of hearing and had been requested to participate in the hearing in accordance with these regulations. |
| |
|
| 17.4.8 |
If the hearing is in person, the Chairperson shall, at the commencement of it, announce the opening of the hearing, stating the Disciplinary Committee's authority, jurisdiction, composition and the nature and purpose(s) of the hearing. |
| |
|
| 17.4.9 |
At the commencement of the hearing, the procedure to be followed at a hearing shall be clearly explained by the Chairperson. The Chairperson shall in every case determine who is entitled to be present throughout the hearing during evidence and submissions (including representatives of the media) and whether or not the proceedings are to be confidential. |
| |
|
| 17.4.10 |
The allegation(s) which are the subject of hearing shall then be read to the person(s) concerned. The body or person making the allegation(s) shall be given the opportunity to give evidence and make submissions about those allegations. The person(s) concerned will be given the opportunity to respond to this evidence and submission. Any witnesses called by either the reporting body or the person(s) concerned will be given the opportunity to give evidence or make submissions. Witnesses may be questioned on their evidence by members of the Disciplinary Committee, and other parties to the matter as determined by the Chairperson. Evidence and/or submissions may be given in writing. |
| |
|
| 17.4.11 |
The Disciplinary Committee will consider the evidence presented. The Disciplinary Committee may adjourn the hearing if necessary to do so. No other person shall be present or partake in any discussion with the Disciplinary Committee at this time. |
| |
|
| 17.4.12 |
The person appointed as the Committee Secretary shall keep a record of the hearing, in the form determined by the Disciplinary Committee, and any decision made. |
| |
|
| 17.4.13 |
The Disciplinary Committee shall have the power to request the attendance of any Member, or party or their representative at any proceedings before it. Where a person who is requested to attend, fails to attend or participate (whether by telephone or otherwise) in the hearing without reasonable excuse and explanation for that failure, the Disciplinary Committee may draw inferences from that failure to attend. |
| |
|
| 17.4.14 |
If, after hearing from the parties, the Disciplinary Committee finds an offence of Misconduct has not been committed, it will advise the Chief Executive Officer as soon as possible, and dismiss the matter, accordingly. |
| |
|
| 17.4.15 |
If the Disciplinary Committee finds an offence of Misconduct has been committed it may impose, in its discretion, an appropriate penalty or penalties set out in regulation 17.5. |
| |
|
| 17.4.16 |
In addition, or in the alternative to imposing any penalty, the Disciplinary Committee may, report its findings to the Chief Executive Officer with such recommendations as it considers appropriate. |
| |
|
| 17.4.17 |
If a decision cannot be given by the Disciplinary Committee immediately after the hearing, the relevant party or parties must be advised of the date by which the decision will be given. The decision, any penalty, the reasons for the decision and notice of the person's appeal rights shall be given in writing to the parties, and the Board, signed by the Chairperson. |
| |
|
| 17.5 |
Recommendations and Penalties |
| |
|
| 17.5.1 |
If the Disciplinary Committee finds that an offence or Misconduct under regulation 16 of these regulations has been committed, it may impose any one or more of the following penalties: |
| |
|
| 17.5.1.1 |
a reprimand; |
| |
|
| 17.5.1.2 |
suspension from such activities of World Bowls and/or its Members, including competitions, tournaments, events, Council Meetings or other meetings or functions, on such terms and for such period as it thinks fit; |
| |
|
| 17.5.1.3 |
exclusion from a particular competition, tournament, event, Council Meetings or other meetings or functions of World Bowls and/or its Members; |
| |
|
| 17.5.1.4 |
suspension or termination of membership of World Bowls and/or the relevant Member; |
| |
|
| 17.5.1.5 |
expulsion; |
| |
|
| 17.5.1.6 |
fines, imposed in such manner and in such amount as the Disciplinary Committee thinks fit; |
| |
|
| 17.5.1.7 |
any other penalty specified in these regulations, or any policy, resolution or determination which the person has breached, failed, refused or neglected to comply with; |
| |
|
| 17.5.1.8 |
such other penalty as the Disciplinary Committee considers commensurate with the offence; and/or |
| |
|
| 17.5.1.9 |
such combination of any of the above penalties as the Disciplinary Committee thinks fit. |
| |
|
| 17.5.2 |
If the Disciplinary Committee finds any person to have committed an Offence of Match Fixing it may impose a life ban from the Game and World Bowls may report any such Offence to the appropriate law enforcement authorities. |
| |
|
| 17.5.3 |
For a breach of the Code of Ethics a minimum fine of £100 shall be imposed. |
| |
|
| 17.5.4 |
World Bowls may impose similar or further sanctions against any person following an IOC recommendation, other than a Bowler involved in a Doping Offence (if it can be proved that such person was guilty of such Doping Offence). |
| |
|
| 17.5.5 |
In addition to any penalty imposed under regulations 17.5.1 to 17.5.4 or in the alternative to such penalty, after hearing an allegation of Misconduct the Disciplinary Committee may make recommendations to the Board through the Chief Executive Officer. |
| |
|
| 17.5.6 |
Fines imposed under this regulation 17.5 must be paid within 28 days of their imposition, failing which the Bowler or Member in question shall be suspended until actual payment is received. Failure to pay such fines within three months of their imposition will result in expulsion. |
| |
|
| 17.5.7 |
If a decision arising out of an allegation under Law 54(1) of the Laws of the Sport cannot be given by the Disciplinary Committee immediately after the hearing, the relevant party or parties must be advised of the date by which the decision will be given. The decision, including any penalty and the reasons for the decision shall be given in writing to the parties, and the Board, signed by the Chairperson. |
| |
|
| 17.5.8 |
A decision of the Disciplinary Committee under these regulations may be appealed under regulation 18, except that there is no right of appeal against a decision of the Disciplinary Committee arising out of an allegation under Law 54(1) of the Laws of the Sport. |
| |
|
| 18 |
Appeals |
| |
|
| 18.1 |
Appeal Process
Where the World Bowls Disciplinary Committee has made a decision involving Misconduct, (whether or not it was covered by the Laws of the Sport), any party affected by that decision (the “Appellant”) may appeal to the Board, in accordance with these regulations and the regulations . |
| |
|
| 18.2 |
Decisions
A decision in relation to an Appeal which is determined by the Board shall be final and binding and there is no second or further right of appeal. |
| |
|
| 18.3 |
Procedure
In determining any appeal, the Board shall follow the procedures set out in these regulations. |
| |
|
| 18.4 |
Commencement of Appeal to World Bowls Disciplinary Committee |
| |
|
| 18.4.1 |
Where a party referred to in regulations 18.1 of these regulations wishes to appeal to the Board , the Appellant must give written notice of their appeal (as set out in regulation 18.4.3) to the Chief Executive Officer of World Bowls within 28 days of the decision appealed against being advised in writing to the Appellant. The Board in its discretion may accept an Appeal after an additional fourteen (14) days if exceptional circumstances exist. |
| |
|
| 18.4.2 |
In addition to regulation 18.4.1, the Appellant shall pay a non-refundable fee of £250 to World Bowls within 14 days of the decision appealed against being advised in writing to the Appellant. |
| |
|
| 18.4.3 |
Any appeal under regulation 18.4.1 shall be limited to any one or more of the following grounds: |
| |
|
| 18.4.3.1 |
that natural justice was denied; |
| |
|
| 18.4.3.2 |
the decision making body acted ultra vires or beyond its powers; |
| |
|
| 18.4.3.3 |
that substantially new evidence has become available after the decision which is being appealed; |
| |
|
| 18.4.3.4 |
in respect of Misconduct proceedings only, that the penalty was either excessive or inappropriate. |
| |
|
| 18.4.4 |
The Notice of Appeal in regulations 18.4.1 must: |
| |
|
| 18.4.4.1 |
set out the grounds of appeal; |
| |
|
| 18.4.4.2 |
set out the outcome which is sought; |
| |
|
| 18.4.4.3 |
be accompanied by a statement or statements of evidence setting out the facts of the matter; |
| |
|
| 18.4.4.4 |
be accompanied by a written submission setting out why and how the Appellant considers the Disciplinary Committee’s decision was wrong; and |
| |
|
| 18.4.4.5 |
be in the prescribed form as set out in Annexure B. |
| |
|
| 18.5 |
Procedure for Appeals |
| |
|
| 18.5.1 |
Upon the Chief Executive Officer receiving Notice of Appeal under regulation 18.4.1 s/he shall as soon as practicable: |
| |
|
| 18.5.1.1 |
determine the availability of the Board members (the members who made the decision which is the subject of the Notice of Appeal shall be excluded); |
| |
|
| 18.5.1.2 |
notify the other parties affected by the Appeal of the fact that the Appeal has been referred to the Board and send to them copies of the Notice of Appeal and any documentation or materials received in relation to it; |
| |
|
| 18.5.1.3 |
in consultation with the other members of the Board determine a date, time and place for the hearing of the Appeal; |
| |
|
| 18.5.1.4 |
give the parties affected by the Appeal at least 7 days notice of the hearing, unless the Board considers that the Appeal must be determined urgently, in which case it may vary the timeframes set out in these regulations. The notice of the hearing shall:
(a) be in writing;
(b) state whether the party or parties concerned, are required to appear or whether the Appeal will be determined on the papers;
(c) state the date, place and time of the hearing; and
(d) be delivered personally, by post and/or by facsimile to the last known address or facsimile number of the party or parties concerned. |
| |
|
| 18.5.2 |
The procedures of the Disciplinary Committee set out in regulations 17.4.1 to 17.4.17, with any consequential modifications, shall apply to Appeals. |
| |
|
| 18.5.3 |
An Appeal under these regulations shall not be by way of rehearing but shall be limited to the decision against which is being appealed. Notwithstanding this the Board may hear or rehear evidence which was heard before the decision making body, if in the interest of natural justice, it considers it appropriate to do so. |
| |
|
| 18.5.4 |
Having heard the appeal, the Board may make the following orders: |
| |
|
| 18.5.4.1 |
allow the appeal, and reduce or increase any penalty which was imposed by the Disciplinary Committee, or impose any other penalty or sanction permitted by the regulations of the Disciplinary Committee; |
| |
|
| 18.5.4.2 |
dismiss the appeal; |
| |
|
| 18.5.4.3 |
refer the matter back to the Disciplinary Committee (where appropriate) to re-hear the matter, with any such directions as it considers fit. |
| |
|
| 18.5.5 |
Once the Board has determined the outcome of the Appeal, the decision, and the reasons for the decision shall be given in writing to the parties signed by the Chief Executive Officer. |
| |
|
| 18.5.6 |
If a decision cannot be given by the Board immediately after the hearing, the relevant party or parties must be advised of the date by which the decision will be given at the conclusion of the hearing, |
| |
|
| 18.5.7 |
During any Appeal relating to Misconduct under this regulation, the persons against whom an allegation of Misconduct is made may be suspended, on such terms and for such period as the Board thinks fit. |
| |
|
| 19 |
Other Disciplinary Provisions |
| |
|
| 19.1 |
If upon receiving an allegation of Misconduct or an Appeal under these regulations the Disciplinary Committee considers that the matter is frivolous or is brought for vexatious reasons, it may dismiss the matter without a hearing. Before making such determination the Disciplinary Committee may seek written submissions from the affected parties on the question of whether such matter is frivolous or vexatious. |
| |
|
| 19.2 |
Every decision of the Disciplinary Committee under this regulation shall be delivered or sent to the parties concerned. Immediately following such notification the decision shall be circulated as soon as possible to all Members of World Bowls |
| |
|
| 19.3 |
All decisions of the Disciplinary Committee shall, unless specified otherwise, take effect immediately upon the date the decision is dated. |
| |
|
| 19.4 |
Each party and person involved in any proceedings under these regulations shall bear their own costs. The Disciplinary Committee has no right to award costs however it may, in its discretion, if the Appellant is successful in their appeal, direct that the fee for the appeal (as described in regulation 18.4.2) be refunded. |
| |
|
| 20 |
Members responsibility |
| |
|
| 20.1 |
Members must report details of any conviction of a criminal offence relating to Betting, Match Fixing or Doping (a “Relevant Conviction”) to World Bowls immediately following their conviction. Members must make known their knowledge of any Relevant Conviction by a Court of Law or possible criminal record in relation to any Relevant Conviction of any Member or prospective applicant for membership |
| |
|
| 20.2 |
Members or Bowlers must report any breach of the Statutes or Regulations or conduct likely to injure or discredit World Bowls. |
| |
|
| 20.3 |
Members or Bowlers must at all times apply good manners, etiquette and conduct and present themselves in a manner which is in keeping with the traditional status of World Bowls. |
| |
|
Part XI - General
| 21 |
In any case where it comes to the notice of World Bowls that a Bowler or other person has previously been found guilty of an offence, however constituted, by another sporting body, World Bowls shall consider the circumstances of that finding and shall have the power to refer the matter to the Disciplinary Committee. In the event of such a reference, the Disciplinary Committee shall consider such matter on the basis that the offence in question was deemed to be an Offence and that the Bowler or other person was deemed to be subject to this Regulation at that time. |
| |
|
| 22 |
World Bowls shall take such other steps as are necessary or expedient to ensure the principles set down in this Regulation (as these may vary from time to time) apply in respect of any national or international Bowlers, Officials, and Events, including the inclusion of relevant conditions in team and squad agreements, conditions of entry and similar documentation. |
| |
|
| 23 |
In furtherance of these regulations, relevant National Authorities shall use best endeavours to adopt policies, rules, by-laws or agreements, or amendments thereto, which are in accordance with and reflective of the principles set down in this Regulation (as these may vary from time to time). |
| |
|
| 24 |
These regulations and procedures shall be governed by the law of Scotland. |
| |
ANNEXURE A
ALLEGATION OF MISCONDUCT
I,
.(name)
of
.
.
(address)
consider that
. (insert
name of Bowler, Member or name of World Bowls official or
member of World Bowls) has engaged in misconduct in that it
did the following:
(insert details of misconduct including date(s),
place and time on which it occurred)
.
.
.
.
.
.
.
.
.
This form is to be submitted within 14 days of the alleged
incident/s of misconduct to the Chief Executive Officer of
World Bowls, Sportscotland, Caledonia House, 1 Redheughs Rigg,
South Gyle Edinburgh EH12 9DQ for consideration by the World
Bowls Disciplinary Committee.
Signed:
Date:
.
ANNEXURE B
NOTICE OF APPEAL
I,
.(name) of
....
..
.....
..(Member)
.
..
...(address)
.
give notice that I wish to appeal the decision of the Disciplinary
Committee which decision was notified to me on
(date) on the grounds that: (continue on separate page if
necessary)
.
.
. The outcome which
I am seeking from this appeal is: (continue on separate page
if necessary)
.
As required under the World Bowls regulations, attached to
this Notice of Appeal is:
1. A statement or statements of the facts giving
rise to this appeal (i.e. a statement of what happened at,
or in connection with, the hearing or the decision of the
Member which you are appealing)
2. A submission on why I consider the decision
is wrong.
3. My cheque for the sum of £250 payable to
"World Bowls Limited" being the non-refundable fee for the
appeal.
Signed:
Date:
.
This form and the attachments referred to in it, must be submitted
within 14 days of the day on which you were notified of the
decision which you are now appealing, to the Chief Executive
Officer of World Bowls, Sportscotland, Caledonia House, 1
Redheughs Rigg, South Gyle Edinburgh EH12 9DQ for consideration
by the Board of World Bowls.
|
|
|
