Constitution & Policies

Contents:

  • Constitution

  • Facebook Guidelines

  • Under 18's Policy

  • Data Protection

  • Download Full Policy Documents

 

 

 

 

Consitution

  1. NAME 1.1 The club shall be known as the "LOMOND MOUNTAINEERING CLUB", hereafter referred to as "the Club".
  2. OBJECTIVES OF THE CLUB 2.1 To promote the interest of Mountaineering amongst the members of the club. 2.2 To provide an opportunity for members of the Club to meet and participate in Mountaineering activities in accordance with the spirit of the hills and goodwill to all others. 2.3 To act on behalf of and in the interests of Club members. 2.4 To support and take part in the work of the Mountaineering Council of Scotland.
  3. MEMBERSHIP OF THE CLUB 3.1 MEMBERSHIP SHALL BE GRANTED AT THE DISCRETION OF THE COMMITTEE. 3.2 Membership of the club shall be open to any individual. 3.3 In addition to the above membership of the Club shall only be open to individuals who recognise that mountaineering is an activity with a danger of personal injury or death. Members shall be aware of and accept these risks and agree to be responsible for their own actions and involvement. 3.4  Any profits generated by the club will be used for the benefit of the club as a whole and not as a financial incentive to individual club member acting on behalf of the club.
  4. HONOURARY LIFE MEMBERSHIP 4.1 Honorary life membership may be conferred on a member who has been of great service either to the club or the sport of mountaineering.
  5. DISCIPLINE 5.1 The committee may suspend membership or use of the clubs facilities to any member whose conduct is deemed unbecoming of a member of the club. 5.2 The committee may expel any member whose continued membership is considered harmful to the club. 5.3 The member shall be given two weeks WRITTEN notice of the meeting at which suspension or expulsion is to be proposed, and shall have the opportunity to attend and speak in his/her defence when the proposal is put. 5.4 A suspended or expelled member shall have the right of appeal to a General Meeting.
  6. ADMINISTRATION OF THE CLUB 6.1 The Club shall be administered by the Club Committee, hereinafter referred to as "the Committee".
  7. OFFICERS OF THE CLUB 7.1 The committee shall comprise the following elected officers, hereinafter referred to as "the Officers": Honorary PRESIDENT Honorary SECRETARY Honorary TREASURER Honorary HUT CUSTODIAN Honorary MEMBERSHIP SECRETARY Honorary MEETS SECRETARY Honorary SOCIAL SECRETARY Honorary WEBMEISTER 7.2 Voting for the election of Officers shall take place at the Annual General Meeting. 7.3 The committee shall hold office for a period of one year, after which members of the committee shall individually become eligible for re-election. 7.4 In the event of an officer leaving the committee before the end of this term, the committee shall have the power to co-opt a club member to the vacant post.
  8. THE COMMITTEE OF THE CLUB 8.1 The committee shall meet a minimum of four times per annum in addition to the AGM. 8.2 The committee shall appoint a representative to attend the AGM and other meetings of the Mountaineering Council of Scotland and other representative bodies as deemed necessary. 8.3 The President of the Club will normally preside at the chair of all meetings of the Club or Committee. The President will ensure all have an equal say at meetings allowing arguments for and against a controversial item in turn. 8.4 The Secretary shall be responsible for all correspondence relating to club affairs. 8.5 The Treasurer shall be responsible club funds and will account for income and expenditure made on behalf of the club. 8.6 The Hut Custodian shall manage the affairs of the Club hut and enforce rules for its use as set by the committee. 8.7 The Membership Secretary shall be responsible for promoting the club, collecting subscriptions and recording members’ details. 8.8 The Meets Secretary shall arrange a program of activity meetings with the aim of encouraging members of the club to meet on a regular basis. 8.9 The Social Secretary shall arrange all social meetings of the club with the aim of improving relations within the club and promoting the club externally. 8.10 The Webmeister shall be responsible for matters relating to the club website including access and content.
  9. FINANCIAL YEAR 9.1 The clubs financial year shall be from 1st MARCH to end of FEBRUARY.
  10. SUBSCRIPTIONS 10.1 Subscriptions shall be due annually immediately after the AGM. Subscription year is 1st APRIL to 31st MARCH. 10.2 New members joining after 31st DECEMBER shall pay a reduced annual fee.
  11. RULES OF THE CLUB 11.1 The committee shall have the power to set club rules. Such rules shall be in accordance with the articles of the club’s constitution and the policies of the Mountaineering Council of Scotland.
  12. ANNUAL GENERAL MEETING 12.1 The Annual General Meeting will be held in MARCH. Four weeks notice is required. 12.2 A quorum at the AGM shall be either fifteen members or one fifth of the membership whichever is the lesser. 12.3 Subscriptions shall be reviewed by the AGM. 12.4 At the AGM the secretary shall present a report of the club’s activities. 12.5 At the AGM the treasurer will present the audited accounts and balance sheet. 12.6 The clubs accounts shall be audited annually by a member appointed at the AGM.
  13. SPECIAL GENERAL MEETING 13.1 A Special General Meeting may be called with at least four weeks written notice: 13.1.1 by a majority of the committee, 13.1.2 following delivery to the secretary of a requisition stating the business to be conducted and signed by one fifth of the membership.
  14. RULES OF PROCEDURE AT ALL MEETINGS 14.1 The Secretary will inform all expected to attend the meeting of the date, time and location at which the meeting is to be held. Any apologies for absence should be passed to the Secretary before the meeting. 14.2 A quorum at committee meetings shall be three committee members, at general meetings fifteen members or one fifth of the membership whichever is the lesser. 14.3 The Honorary President shall take the chair at all meetings. In the absence of the President, a chairman shall be elected for that meeting only. 14.4 The President will have a deliberate and casting vote at all meetings, each committee member will have a deliberate vote at all meetings and each member will have a deliberate vote at the AGM. 14.5 Minutes will be recorded and made available to all members. 14.6 The Secretary shall read any apologies for absence received. 14.7 The minutes of the previous meeting shall be reviewed in order to ensure they are a true and correct record. Any necessary corrections shall be amended. 14.8 Any matters arising from the review of the previous minutes shall be discussed. 14.9 The secretary shall read any correspondence received since the last meeting. 14.10 The officers of the committee shall present any relevant reports. 14.11 The secretary shall read out any Motions received. The proposer and seconder shall then have the opportunity to speak for the motion before it is put open to discussion. 14.12 Voting on motions and their amendment shall be by show of hand unless otherwise proposed in the motion. A scrutineer appointed by the President will count votes and the President will declare the result. The President shall make it known if he/she wishes to make use of the Presidents Casting Vote. 14.13 Other items on the Agenda will then be discussed. 14.14 Before the end of the meeting the opportunity will be given to discuss any other competent business not on the agenda. 14.15 At the end of the meeting the date, time and place of the next meeting can be agreed if appropriate.
  15. THE MANSE BARN 15.1 The lease of the club hut shall be held by the President and Secretary, who will be responsible for ensuring that the terms of the lease are kept. 15.2 Any liabilities incurred due to the clubs lease, sub-let or use of the hut shall be the responsibility President and Secretary. 15.3 All income from the Manse Barn shall only be used to further the interests of the club and its members and will not be used for any other purpose. 15.4 Any member is entitled to a key for the hut at the discretion of the Committee. All hut keys remain the property of the Club and must be given up upon request. 15.5 Any member using the hut must abide by any rules of use in place at the time. 15.6 Members must seek the consent of the Hut Custodian before using the hut. Any member using the hut without the consent of the Hut Custodian does so at their own risk and is responsible for his/her own actions and any liability incurred as a result of their actions.
  16. GRIEVANCES 16.1 Any member with a grievance of any kind against another member, the committee or the club should in the first instance put their complaint in writing to the Secretary. 16.2 The Secretary shall inform all committee members that there has been a complaint and call a meeting of the committee at the earliest possible convenience to discuss the complaint. 16.3 The committee may call any member involved in the grievance to attend the meeting. 16.4 Once the committee has reviewed all facts relating to the grievance a course of action will be decided upon and the Secretary will write to all concerned informing them of the outcome of the meeting and the committee’s decision. 16.5 The committee’s decision will be final. 16.6 Any member wishing to appeal further must do so to a General Meeting in accordance with article 13.
  17. ALTERATIONS TO THE CONSTITUTION 17.1 Alterations to the CONSTITUTION shall be made at the AGM, after a written proposal presented to the Honorary Secretary, not less than two weeks before the meeting. An alteration to the CONSTITUTION is subject to the assent of two-thirds majority of those present at the meeting.
  18. DISSOLUTION OF THE CLUB 18.1 The club can be dissolved by two thirds majority vote carried out in accordance with Article 17. 18.2 The Secretary will inform the Mountaineering Council of Scotland of the dissolution of the club. 18.3 The committee shall be responsible for the dissolution of the club. 18.4 The Committee will be responsible for the continued maintenance of the lease of the Manse Barn as per the constitution. All club funds will continue to be the responsibility of the Treasurer until the lease has ran its course. 18.5 All liabilities are to be settled out of the remaining club funds. Any liabilities still outstanding after all club funds have been exhausted shall be the joint responsibility of all members. 18.6 All club funds left after all liabilities have been settled shall be donated to the Mountaineering Council of Scotland. 18.7 After all liabilities have been settled and remaining funds distributed, the Treasurer will close all bank accounts relating to the club. This shall complete the dissolution of the club.

 

Lomond Club Facebook Guidelines

  1. There will be no cursing or use of inappropriate or offensive language in this group –
    ever! It also includes any statement that the group admin (Lorna, Michael and Lisa) deems
    inappropriate in nature.
  2. If a single individual starts a discussion that all other members disagree with, it may, at the
    discretion of the group admin, be considered trolling. Trolls will be booted out of the group and
    posts deleted.
  3. If a member personally attacks another member with words that are harmful, threatening
    or not in-line with our mutual respect policy, that member will receive a warning. Three warnings
    and you’re out of the club.
  4. Do not post graphic or disturbing photos, videos and other media in this group. If you are
    not sure about the content that you want to post, email the group
    admin thecommittee@lomondmc.com
  5. If someone mentions you by name please respond directly to that person on the same post.
    If the comment is inflammatory please report it to the group admin.
  6. Think before you post! This is Facebook, one of the biggest sites on the internet – what goes
    up can never really come down. Respect the privacy of others!
  7.  If you are going to comment, we would prefer it if you could try and add valuable discussion
    to the conversation. Be friendly, be fair and use common sense.
  8. The Facebook group admin (Lorna, Michael and Lisa) is entitled to deny entry to any
    member they choose. They are also allowed to boot out members that don’t comply with the
    house rules.
  9. Do not challenge or attack others. Posting comments is meant to stimulate conversation,
    not to create contention.
  10. Do not post comments that you would not say to an individual’s face. Do not hide behind the
    written word/Facebook. Be nice!! You learned this at school, same thing here as it is the only
    way this club will work.
  11. This club member site is for you. Use it, share things, earn stuff, get to know each other.
    That’s the point.

 

U18s LMC Policy Statement

The LMC recognises that all children and vulnerable adults have the right to be protected from harm
and live in a safe environment.
The LMC has a duty of care to safeguard all children and vulnerable adults involved in LMC activities
from harm. All children and vulnerable adults have the right to protection and the needs of children
and vulnerable adults from all backgrounds and abilities must be considered. This includes children
of all ages, ethnicity, social backgrounds, abilities, sexual orientation, religious belief and political
persuasion. The LMC will ensure the safety and protection of all children and vulnerable adults
involved in its activities through adherence to its Child Safeguarding Policy and Codes of Practice and
Guidelines.
The LMC will support anyone who, in good faith, reports his or her concerns that a child or
vulnerable adult is at risk of, or may actually be, being abused.
Principles
The following principles underpin the BMC Child Safeguarding Policy:

 All suspicions of child abuse will be taken seriously and responded to swiftly and appropriately.
 A child is defined as an individual under the age of 18 (The Children Act 1989).
 To help and support all individuals involved in providing activities for young people on behalf of
the LMC.
 To give guidance and support, when required, to all organisations and individuals involved in
providing climbing and mountaineering activities for young people.
 That all children, regardless their age, ethnicity, abilities, social background, sexual orientation,
religious beliefs, or political persuasion, have the right to live in a safe environment.
 That any sanctions used must be non-violent and must not involve humiliating children and young
people.
 That the welfare of the child is paramount and will underpin all guidance.
 This guidance is mandatory for all members and volunteers.

The LMC allows under 18s to join as members and/or attend club meets, but only with a parent/carer or
an adult in loco parentis, nominated by a parent that is a paid up member of the club. In this
circumstance we do not need to adopt a Child Protection Policy or appoint a Youth Officer.
Loco Parentis Definition;
In Loco Parentis: A parent may give consent to anyone they wish to take their child climbing, hill walking or
mountaineering. This is an arrangement between the parent and the person taking the child. The person
taking the child will be in loco parentis and this requires them to exercise a duty of care that would be
provided by a reasonably prudent parent. If an adult is acting in loco parentis, make sure that the parent
has nominated them (not the club). Also make sure that it is clear precisely who has the duty of care at any

given moment and if that duty of care is handed from one person to another. Whilst it is not a
requirement, a consent form is used by many clubs for situations where an under 18 is attending with an
adult in loco parentis. This is not a requirement, but can prove useful. When taking another person’s child
climbing, hill walking or mountaineering it is wise to inform both the parent and child about the nature of
the activities to be undertaken and any arrangements, so they can decide whether they are happy with
these or decline the offer if they are not. It is important that they are not only informed about the
activities, but also understand the nature of them/risks attached, so that they can make an informed
decision. There is a download (Young people: Climbing, Hill Walking, Mountaineering, A Parent's Guide)
http://www.thebmc.co.uk/Download.aspx?id=9 on the BMC website to help parents understand these
risks.

 

Data Protection policy for LMC

Club statement
To operate effectively and fulfil its legal obligations, the LMC (Lomond Mountaineering Club) needs
to collect, maintain and use certain personal information about current, past and prospective
employees, its members and other individuals with whom it has dealings. All such personal
information, whether held on computer, paper or other media, will be obtained, handled,
processed, transported and stored lawfully and correctly, in accordance with the safeguards
contained in the Data Protection Act 1998 (DPA).
Membership statement
The LMC (Lomond Mountaineering Club) will use your personal data for the purposes of your
involvement in club activities. I understand that by submitting this form I am
consenting to receiving information about the club by post, email/MMS, online or
phone. Your data will not be shared with any third party and the principles of the
Data Protection Act 1988 will be adhered to.
Data will be shared with the MCofS to meet membership requirements. The MCofS will use personal
data only for your involvement in mountaineering activities. I understand that by submitting this
form, I am consenting to receiving information from the LMC about mountaineering, including my
MCofS membership details, by post, email, or phone unless stated otherwise.
DATA PROTECTION POLICY
For LMC (Lomond Mountaineering Club)
Our data protection policy sets out our commitment to protecting personal data and how we
implement that commitment with regards to the collection and use of personal data.
We are committed to:
 Ensuring that we comply with the eight data protection principles, as listed below
 Meeting our legal obligations as laid down by the Data Protection Act 1998
 Ensuring that data is collected and used fairly and lawfully
 Processing personal data only to meet our operational needs or fulfil legal requirements
 Taking steps to ensure that personal data is up to date and accurate
 Establishing appropriate retention periods for personal data
 Ensuring that data subjects' rights can be appropriately exercised
 Providing adequate security measures to protect personal data
 Ensuring that a nominated club officer is responsible for data protection compliance and
 provides a point of contact for all data protection issues
 Ensuring that all club officers are made aware of good practice in data protection
 Providing adequate training for all staff responsible for personal data
 Ensuring that everyone handling personal data knows where to find further guidance
 Ensuring that queries about data protection, internal and external to the club, are dealt with
 effectively and promptly
 Regularly reviewing data protection procedures and guidelines within the club
Data protection principles
Personal data shall be processed fairly and lawfully
2. Personal data shall be obtained for one or more specified and lawful purposes, and shall not
be further processed in any manner incompatible with that purpose or those purposes
3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes
for which they are processed

4. Personal data shall be accurate and, where necessary, kept up to date
5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary
for that purpose or those purposes – data will be deleted after one year if the member does not
renew their membership
6. Personal data shall be processed in accordance with the rights of data subjects under the Data
Protection Act 1998
7. Appropriate technical and organisational measures shall be taken against unauthorised and
unlawful processing of personal data and against accidental loss or destruction of, or damage to,
personal data – All data will be help on a password protected USB stick and maintained by the
membership secretary
8. Personal data shall not be transferred to a country or territory outside the European Economic
Area unless that country or territory ensures an adequate level of protection for the rights and
freedoms of data subjects in relation to the processing of personal data
Adopted on 18 th April 2018

FULL EXPLANATION OF THE EIGHT DATA PROTECTION PRINCIPLES
First Principle [Processed fairly and lawfully]
 Personal Data shall be processed fairly and lawfully and, shall not be processed unless
 At least one of the conditions of Schedule 2 is met, and In the case of sensitive Personal Data, at
least one of the conditions of schedule 3 is also met.
Schedule 2
• The Data Subject has given consent
• The processing is required to meet a legal obligation
• It is required for the performance of a contract
• It is necessary to protect the vital interests of the individual; carry out public functions
• It is necessary to pursue the legitimate interests of the Data Controller or third parties.
Schedule 3
• Explicit consent of the Data Subject
• To protect the vital interests of the Data Subject or another person
• Carried out by certain not for profit bodies
• In legal proceedings
• To exercise legal rights
• To carry out public functions
• For medical purposes
• For equal opportunities monitoring
• As specified by order.
Second Principle [Processed for specified, lawful and compatible purposes]
Personal Data shall be obtained only for one or more specified and lawful purposes, and shall not
be further processed in any manner incompatible with purpose or those purposes.
Third Principle [Adequate, relevant and not excessive]
Personal Data shall be adequate, relevant and not excessive in relationship to the purpose for
which they are processed.

Fourth Principle [Accurate and up to date]
Personal Data shall be accurate and, where necessary, kept up to date.
Fifth Principle [Not kept longer than necessary]
Personal Data processed for any purpose or purposes shall not be kept for longer than is necessary
for that purpose or those purposes.
Sixth Principle [Processed in accordance with the rights of the individual]
Personal Data shall be processed in accordance with the rights of Data Subjects under the DPA.
Data Subject Rights:
• To subject access
• To prevent processing
• To prevent processing for direct marketing
• In relation to automated decision-making
• To rectification, blocking, reassure and destruction
• To ask the Information Commissioner to assess whether the DPA has been contravened
• To compensation
The three most important and relevant ones to clubs:
To subject access
An individual who makes a written request and pays a fee is entitled to be:
• Told whether any Personal Data is being processed;
• Given a description of the Personal Data, the reasons it is being processed, and whether it
will be given to any other organisations or people;
• Given a copy of the information comprising the data; and
• Given details of the source of the data (where this is available).
To prevent processing
• An individual has a right to object to processing only if it causes unwarranted and substantial
damage or distress. If it does, they have the right to require an organisation to stop (or not
to begin) the processing in question.
• So, in certain limited circumstances, you must comply with such a requirement. In other
circumstances, you must only explain to the individual why you do not have to do so.
To prevent processing for direct marketing
• An absolute right - individuals have the right to prevent their Personal Data being processed
for direct marketing. An individual can, at any time, give you written notice to stop (or not
begin) using their Personal Data for direct marketing. Any individual can exercise this right,
and if you receive a notice you must comply within a reasonable period.
Seventh Principle [Processed with appropriate security]
Appropriate technical and organisation measures shall be taken against unauthorised or unlawful
processing of Personal Data and against accidental loss or destruction of, or damage to, Personal
Data.
Eighth Principle [Not transferred abroad without an adequate level of protection]
Personal Data shall not be transferred to a country or territory outside the EEA unless that country
or territory ensures an adequate level of protection for the rights and freedoms of Data Subjects in
relation to the processing of Personal Data.
 For member details to be made available to other club members (in any format) the specific
consent from each member will be needed

 Clubs must allow members to opt-in to what details are circulated and must allow members
the option of not having any details circulated. It must not be a condition of membership of
the club that details have to be shared.
 Clubs will need to re-ascertain consent on a regular basis, ideally at least once a year · Clubs
need to be mindful that even though consent may have been given at one point it can be
withdrawn at any future point, including the day after a club has posted out a club list to
every member. If an individual withdraws their consent the club needs a clear way to action
the withdrawal of that data. This could potentially result in a recall of all the club lists that
have been posted out or the club may not be allowing the individual their lawful right of
withdrawing consent. Because of this risk, clubs may decide that if they wish to use a club
list then a secure area on the club website is easier to manage.
 Clubs need to ensure that data is accurate. If a member changes their contact details after
the list has been produced clubs need to consider how the club will ensure that the club lists
are updated, and that inaccurate data is not available to other members.
 Clubs should consider what data needs to be circulated for communications between
members, i.e. is a full postal address really needed in the 21st century, or is a phone number
and/or email address more appropriate? · Clubs need to tell the recipients (members) what
they can/can’t do with the data in the lists, i.e. they can’t pass or sell the data on to anyone
else, and members can only use the data for club related communication.
 Clubs need to ensure that data is not held for longer than is needed. A system would be
needed by the club to ensure that club lists are deleted by members once superseded / not
needed.