Regulations

Regulations 2017-11-02T15:48:56+00:00
Regulations

Regulations

WORLD BOWLS REGULATIONS (adopted 8 November 2011)

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. Definitions

1.1 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.

“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.

“Board” means the board of World Bowls.

“Bowler” means a person affiliated to a National Authority.

“Bulletin” means a bulletin issued in terms of Regulation 2.2

“Conditions of Play” means the entry conditions governing a participant in a World Bowls Event which must be approved in advance by World Bowls.

“Controlling Body” means the body having immediate control of the conditions under which a Game is played, in the order of precedence set out in the Laws of the Sport.

“Council Meeting” means an Annual Council Meeting, a Biennial Council Meeting or a Special Council Meeting, all as defined in the Articles.

“Disciplinary Committee” means a disciplinary committee convened for that purpose by World Bowls. “Disciplinary Hearing” means a hearing before a Disciplinary Committee.

“Event” means any International Event or national competition or tournament in the sport of bowls or such other competition or tournament including a World Bowls Event.

“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 but excluding a World Bowls Event.

“Jury of Appeal” means a disciplinary body convened for the purpose of Part XI of these Regulations.

“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. “Member” means a member of World Bowls as defined by the Articles.

“National Authority” means a nation which is a Member. “National Delegate” means a delegate of a National Authority.

“Offence of Betting or Match Fixing” means the commission of prohibited conduct in terms of Regulation 13.

“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 National Authority or a member of a Club affiliated to a National Authority (provided that, in each case, such person has paid their subscription or affiliation fees to such National Authority or Club).

“President” means the President for the time being of World Bowls.

“Regulations” means these regulations.

“Statistical Return” means the return to be made by each Member National Authority in terms of Regulation 3.1.4 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. 3

“Statutes” means, together, the Memorandum, the Articles, the Regulations and any Bulletins issued in terms thereof. ”

Testing Regulations” means the Regulations adopted on 21 November 2004, as the same may be amended from time to time.

“Tournament Director” means the person appointed by the Board in accordance with Regulation 22.1.

“Voting Majority” means the votes of such number of voting Members. “World Bowls Events” means any event, tournament or competition controlled and governed by World Bowls and means the period of time from the opening ceremony to the closing ceremony of the event, tournament or competition.

“World Bowls Misconduct” means any misconduct at a World Bowls Event in accordance with Part XI of these Regulations.

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 and permitted 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, National Delegates, Officials and Bowlers and in 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, National Delegates, Officials and Bowlers.

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

3.1 Member National Authorities shall:

3.1.1 conduct and administer Bowls in their particular country in accordance with the Statutes;

3.1.2 maintain a register of all Bowlers in the country for which it is the National Authority;

3.1.3 comply with other reasonable requests of or directions by the Board;

and 3.1.4 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

4.1 Members acknowledge and agree that:

4.1.1 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;

and 4.1.2 the Statutes are necessary and reasonable for promoting the objects of World Bowls and particularly the advancement and protection of Bowls.

4.2 Recognised and Associated Organisations

4.2.1 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, International Deaf Bowls Federation.

4.2.2 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.

4.2.3 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.

4.2.4 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.

4.3 Reciprocity of Membership

4.3.1 A player who is affiliated to a member National Authority should be granted reciprocal rights when visiting another Member National Authority.

4.3.2 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 laws of Scotland. 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

7.1 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 Events.

8.2 No alteration to the Laws of the Sport shall be approved unless it is passed by a twothirds 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 previous 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 under the 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 promulgated, 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 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 Bowls sanctioned international event (including all International Events and 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 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 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 Events) may not represent another country: 9.11.1 9.11.2 9.11.3 for a period of at least twenty four months; and without the approval of the National Authorities of both countries that the player is eligible to represent; and without the approval of the Board of World Bowls.

9.12 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. 9.13 Athletes selected to represent National Authorities at the Commonwealth Games must comply with Article 24 of the Commonwealth Games Federation Constitution relating to 9 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

11.1 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

12.1 The Testing Regulations shall apply.

Part VIII – Betting and match fixing

13 Offence of Betting and Match Fixing

13.1 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 of Betting and Match Fixing to their National Authority and/or World Bowls but shall not otherwise report or discuss the alleged Offence of Betting and Match Fixing 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 of Betting or Match Fixing 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

13.3.1 If a report of an alleged Offence of Betting or Match Fixing is made under Regulation 13.2, the matter shall be dealt with in terms of Part X of these Regulations whether or not it occurred at a World Bowls Event or otherwise

Part IX – Doping

14 The Anti Doping Regulations shall apply to any allegation of doping but shall not apply to Misconduct under Part X and Part XI.

Part X – Discipline for matters other than at World Bowls Events

15 Disciplinary Committee

15.1 Purpose

15.1.1 The purpose of Part X of the World Bowls Regulations is to maintain fair and reasonable standards of conduct by Bowlers, Officials and Members outside of World Bowls Events but it is not intended to cover Misconduct arising out of national events or International Events.

15.2 Composition

15.2.1 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 Statutes and the Regulations by all the Members and by Bowlers.

15.2.2 The Board shall exclude from the Disciplinary Committee any person who:

15.2.2.1 is involved in or is connected with a Disciplinary Hearing relating to the case currently before the Disciplinary Committee;

or 15.2.2.2 declares conflicting interest in any matter before a Disciplinary Committee.

15.3 The Disciplinary Committee shall:

15.3.1 not conduct any business unless a quorum is present (by telephone or video conference, or any combination of the above or otherwise as determined by the Disciplinary Committee) and unless otherwise provided in this Regulation, the quorum of the Disciplinary Committee shall be 3;

and 15.3.2 comprise such number of members as is determined from time to time by the Board, subject to a valid quorum.

15.4 In an emergency situation any two members of the Disciplinary Committee may constitute a quorum.

15.5 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.

15.6 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.

15.7 Functions The functions of the Disciplinary Committee shall be to:

15.7.1 hear and determine any allegation of Misconduct made under this Part X of the Regulations provided it does not fall within the jurisdiction of the Jury of Appeal under Part XI of these Regulations;

15.7.2 hear and determine any alleged Offence of Betting or Match Fixing made under Part VIII of these Regulations;

15.7.3 peruse, comment on and where necessary amend notices of motion submitted for consideration at a Council Meeting;

and 15.7.4 if delegated by the Board, undertake any inquiry or investigation, on behalf of World Bowls.

16 Misconduct other than at a World Bowls Events

16.1 Statements 16.1.1 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.

16.1.2 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.

16.1.3 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 16.2.4.1 below.

16.1.4 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 16.2.4.1 below.

16.2 Misconduct For the purpose of Part X of these Regulations, the definition of “Misconduct” shall include conduct under Regulation 13.1 and, but shall not be restricted to, situations where any Bowler, Member or Official, as the case may be:

16.2.1 Commits an Offence of Betting or Match Fixing;

16.2.2 At any event, function or activity of World Bowls, or whilst on the property of World Bowls, uses any profane, indecent or improper language;

16.2.3 At any time or place engages in offensive or insulting behaviour towards World Bowls, or any person acting for or on behalf of World Bowls;

16.2.4 Breaches any provision of:

16.2.4.1 these Regulations or any other World Bowls Regulations (other than the World Bowls Anti-Doping Regulations);

16.2.4.2 any policies of World Bowls;

16.2.4.3 any reasonable direction of World Bowls (or person authorised on its behalf);

16.2.4.4 any decision of a Council Meeting, the Board or the Disciplinary Committee;

16.2.5 Acts in a manner which brought, or could bring, World Bowls into disrepute;

16.2.6 Acts in a manner unbecoming of a Bowler, Official or a Member or which is prejudicial to the objects of World Bowls;

16.2.7 Fails or refuses, for a period of one calendar month to pay any fine or monetary penalty imposed by World Bowls;

or 16.2.8 Aids or abets any of the conduct specified in 16.2.1 to 16.2.7 above.

16.3 Procedure for Misconduct The Disciplinary Committee may take action for any alleged Misconduct under this Part X of these Regulations upon receiving details of the allegation in writing from any person or organisation and as otherwise set out in this Part X of the 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 All decisions of the Disciplinary Committee shall be final and binding on all Members, Bowlers or Officials. The failure to adhere to a decision of the Disciplinary Committee may result in the affected Member, Bowler or Official 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 this Part X of 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, 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.

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, Bowler or Official 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, Bowler or Official having committed the Misconduct is reported to World Bowls. Such suspension shall:

17.3.1.1 be notified in writing to the Member, Bowler or Official concerned as soon as reasonably possible;

and 17.3.1.2 last until the decision of the Disciplinary Committee at, or following, the hearing of the matter in question by the Disciplinary Committee.

17.4 Procedure for Hearing

17.4.1 Upon the Chief Executive Officer receiving an allegation of Misconduct under Regulation 14 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 Misconduct 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, e-mail and/or by facsimile to the last known address or facsimile number of the party or parties concerned.

17.4.2 Should the Bowler, Member or Official 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, Member or Official, 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 15 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 16 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 and the reasons for the decision 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 of 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, 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;

17.5.1.4 recommend to the Board that the Member be suspended or terminated from the membership of World Bowls in accordance with the Articles of Association; 17.5.1.5 fines, imposed in such manner and in such amount as the Disciplinary Committee thinks fit;

17.5.1.6 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;

17.5.1.7 such other penalty as the Disciplinary Committee considers commensurate with the offence of Misconduct;

and/or 17.5.1.8 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 Betting or Match Fixing it may impose a life ban from the Game and World Bowls may report any such Offence of Betting or Match Fixing to the appropriate law enforcement authorities.

17.5.3 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).

17.5.4 In addition to any penalty imposed under Regulations 17.5.1 to 17.5.3 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.

17.5.5 Fines imposed under this Regulation 17.5 must be paid within 28 days of their imposition, failing which the Bowler, Member or Official 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.

17.5.6 A decision of the Disciplinary Committee under these Regulations is final and there is no right of appeal.

18 Other Disciplinary Provisions

18.1 If upon receiving an allegation of Misconduct 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.

18.2 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.

18.3 All decisions of the Disciplinary Committee shall, unless specified otherwise, take effect immediately upon the date the decision is dated.

18.4 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.

19 Members responsibility

19.1 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.

19.2 Members or Bowlers must report any breach of the Statutes or Regulations or conduct likely to injure or discredit World Bowls.

19.3 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 Disciplinary Procedures at a World Bowls Event

20 General

20.1 Purpose

20.1.2 The purpose of Part XI of the World Bowls Regulations is to maintain fair and reasonable standards of conduct by Bowlers, Officials and Members participating, officiating or attending in any capacity, a World Bowls Event. The Regulations provide a process for dealing with allegations of World Bowls Misconduct.

20.2 Applicability

20.2.1 This Part XI of the Regulations applies to all Bowlers, Officials and Members participating, officiating or attending in any capacity, in a World Bowls Event.

20.3 Jurisdiction

20.3.1 The Jury of Appeal shall have jurisdiction to hear and determine any allegation of World Bowls Misconduct at a World Bowls Event by a Bowler, Official or Member.

20.3.2 Nothing in these Regulations shall prevent a World Bowls Member from initiating its own disciplinary process in addition to any process under Part XI of the Regulations.

21 Jury of Appeal

21.1 Composition

21.1.1 The Board shall appoint a Jury of Appeal prior to the start of each World Bowls Event to serve for that World Bowls Event.

21.1.2 The Jury of Appeal shall comprise of three persons as follows: (a) a person with legal experience, preferably a lawyer; (b) a person with experience in disciplinary tribunals, preferably in relation to the Game; and (c) a person with extensive knowledge of the Game.

21.1.3 All persons on the Jury of Appeal must be independent of the parties and must disclose immediately any circumstance likely to compromise their independence. A person must exclude himself or herself from the Jury of Appeal if there are legitimate doubts as to his or her independence.

21.1.4 The Board shall have the power to exclude from the Jury of Appeal any person who, in its opinion, is not independent of the parties and appoint another person in his/her place.

21.1.5 All persons on the Jury of the Appeal must be available to attend or participate in (if by teleconference) a hearing at any time during the World Bowls Event.

21.2 Powers

21.2.1 The powers of the Jury of Appeal shall be to hear and determine any allegation of World Bowls Misconduct that occurs at a World Bowls Event properly made to it under Part XI of these Regulations.

21.3 Hearings

21.3.1 The quorum of the Jury of Appeal shall be three. The Jury of Appeal shall not conduct a hearing unless a quorum is present.

21.3.2 If a member of the Jury of Appeal resigns or otherwise becomes unable to complete his/her role on the Jury of Appeal the Board shall have the power to immediately appoint another person in his/her place.

21.3.3 The Board shall appoint a Chairperson from one of the members appointed to the Jury of Appeal at the beginning of each World Bowls Event.

22 Tournament Director

22.1 The Board shall appoint a Tournament Director for each World Bowls Event.

22.2 At each World Bowls Event the Tournament Director shall:

22.2.1 ensure that the World Bowls Event is conducted fairly in accordance with the Laws of the Sport and the Conditions of Play for each World Bowls Event;

and 22.2.2 have the power to resolve by agreement between the parties any allegation of World Bowls Misconduct properly made to him/her under this Part XI of the Regulations.

23 World Bowls Misconduct

23.1 For the purposes of this Part XI of the Regulations, the definition of “World Bowls Misconduct” shall include conduct by a Bowler, Member or Official at any World Bowls Events where the Bowler, Member or Official:

23.1.1 breaches any provision of the Laws of the Sport or Conditions of Play;

23.1.2 deliberately loses or attempts to lose a game or plays unfairly or otherwise in an unsporting manner (whether in regard to a current opponent or to others);

23.1.3 engages in unsportsmanlike behaviour;

23.1.4 alters a bowl after it has been stamped by a registered bowls tester without submitting it for retesting and restamping;

23.1.5 uses any profane, indecent or improper language;

23.1.6 engages in offensive or insulting behaviour towards World Bowls, or any person acting for or on behalf of World Bowls or a Member;

23.1.7 acts in a manner which brought, or could bring, World Bowls or any Member into disrepute;

23.1.8 acts in a manner unbecoming of a Bowler, Member or Official or which is prejudicial to the objects of World Bowls;

or 23.1.9 aids or abets any of the conduct specified in Regulation 23.1.1 to 23.1.8.

23.1.10 World Bowls Misconduct does not include any allegation of Doping bought under Part IX of these Regulations.

24 Disciplinary Procedure

In performing its functions, the Tournament Director and the Jury of Appeal shall follow the procedures set out in Part XI of these Regulations.

24.1 Reporting an allegation

24.1.1 An allegation of World Bowls Misconduct by a Bowler, Official or Member at a World Bowls Event may be made by: (a) an Official who is officiating the game of bowls in which the conduct occurred; or (b) the Tournament Director; or (c) any other person who witnessed the alleged World Bowls Misconduct.

24.1.2 Subject to Regulation

24.1.3, a report of an allegation of World Bowls Misconduct shall be submitted in writing on the prescribed form in Annexure B to the Tournament Director no later than 2 hours after the final end of the game in which the alleged incident or misconduct occurred, or 2 hours after the alleged incident of World Bowls Misconduct occurs (if the incident does not relate to a game of Bowls) and shall include: (a) the name of the person making the report; (b) the capacity of the person in which the person makes the report; (c) the name of the person who has been alleged of committing the allegation of World Bowls Misconduct; (d) a description of how the alleged World Bowls Misconduct was committed; and (e) the names of any known witnesses. In the event of either of the 2 hour time limits referred to above not being met, the alleged World Bowls Misconduct will not be examined. 24.1.3 If the allegation of World Bowls Misconduct relates to an allegation that Law 54(1) of the 21 Laws of the Sport has been breached, then a report of the allegation must be submitted to the Tournament Director no later than 24 hours after the final end in the game affected is completed in accordance with the Laws of the Sport. The report shall include the details set out in Regulation 24.1.2 (a) to (e). If an allegation of World Bowls Misconduct is made to the Tournament Director under this Regulation 24.1.3 it shall not be made under Regulation 24.1.2.

24.1.4 The Tournament Director may vary the timeframes set out in Regulation

24.1.2 if he/she considers exceptional circumstances have arisen that mean the timeframes could not reasonably have been met.

24.2 Preliminary Investigation

24.2.1 On receipt of a report of an allegation of World Bowls Misconduct under Regulation 24.1.2 or Regulation 24.1.3 the Tournament Director shall: (a) notify or give all the parties affected by the allegation that a report has been received and send to them copies of the report of the allegation of World Bowls Misconduct; and (b) meet and reach an agreement to resolve the allegation with the parties concerned within 6 hours of receiving the report.

24.2.2 If an agreement is reached under Regulation 24.2.1, the agreement must be recorded in writing and signed by all the parties affected. The allegation will not be referred to the Jury of Appeal and no further action may be taken by or on behalf of World Bowls regarding the allegation. Nothing in this Regulation 24.2.2 prevents the complainant, a party or a Member from taking other legal action.

24.2.3 If an agreement is not reached under Regulation 24.2.1 the allegation shall be referred to the Jury of Appeal by the Tournament Director.

24.2.4 Subject to Regulation

24.2.5, pending a determination by the Jury of Appeal of the alleged World Bowls Misconduct the party concerned may continue to participate in the World Bowls Event. 24.2.5 If the Jury of Appeal considers the allegation of World Bowls Misconduct maybe serious it may suspend the party against whom the allegation is made from participating in further games at the World Bowls Events pending a determination by the Jury of Appeal. The Jury of Appeal shall use best endeavours to provide an opportunity for parties to be heard before suspension is imposed. This Regulation 24.2.5 shall not apply to an allegation of World Bowls Misconduct made under Regulation 24.1.3.

24.3 Commencement of hearing

24.3.1 Upon the Jury of Appeal receiving an allegation of World Bowls Misconduct from the Tournament Director under Regulation 24.2.3 the Jury of Appeal shall as soon as is practicable: (a) notify all parties affected by the allegation of the fact that notice has been received from the Tournament Director; (b) request the duly appointed Chairperson of the Jury of Appeal, in consultation with the other members of the Jury of Appeal, to determine a date, time and place for the hearing of the allegation which shall be no later than 12 hours after the allegation is received by the Jury of Appeal.

24.3.2 The Jury of Appeal may vary the timeframes set out in these Regulations if it considers exceptional circumstances have arisen that mean the timeframes cannot be met.

24.3.3 The notice of the hearing shall: (a) be in writing; (b) state the date, place, time and method of the hearing; (c) state the nature of the hearing and the matters or allegation of World Bowls Misconduct, the subject of determination, the possible penalty or penalties; and (d) be delivered personally, by post, e-mail and/or by facsimile to the last known address or facsimile number of the party or parties concerned.

24.4 Conduct of Hearing

24.4.1 The Jury of Appeal shall have the power and authority to: (a) consider a report of an allegation of World Bowls Misconduct; (b) consider the circumstances of an allegation of World Bowls Misconduct; (c) determine whether or not an allegation of World Bowls Misconduct has been committed; and (d) if so whether or not to impose a sanction, or penalty and the sanction/penalty to be imposed.

24.4.2 The Jury of Appeal shall set its own procedures as it sees fit taking into account: (a) the principles of natural justice; and (b) the need to achieve prompt and sometimes immediate consideration and determination of the allegation to meet the activities of the World Bowls Event.

24.4.3 The hearing 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 Jury of Appeal.

24.4.4 The Bowler, Official or Member against whom the allegation is made, shall have the right to: 23 (a) be present and to be heard at the hearing in person; (b) be represented by legal counsel at his or her expense; and (c) call witnesses.

24.4.5 If the Bowler, Official or Member against whom the allegation is made is absent, or their witness is absent, a decision may be made by the Jury of Appeal in their absence. Before making such a decision in the person’s absence the Jury of Appeal must satisfy itself that the person concerned was aware of the time, date and place or method of the hearing and had been requested to participate in the hearing in accordance with these Regulations.

24.4.6 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.

24.4.7 The Jury of Appeal 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 in the hearing without reasonable excuse and explanation for that failure, the Jury of Appeal may draw inferences from that failure to attend.

25 Burdens and Standards of Proof

25.1 After consideration, the Jury of Appeal will consider whether, on the balance of probabilities, the allegation of World Bowls Misconduct was committed.

26 Decisions

26.1 The Jury of Appeal may issue an oral decision but shall issue a decision in writing as soon as possible after the conclusion of the hearing but no later than 4 hours after the end of the hearing.

26.2 If the Jury of Appeal finds an offence of World Bowls Misconduct has not been committed, it will advise the Tournament Director and the Board as soon as possible, and dismiss the matter, accordingly.

26.3 If the Jury of Appeal finds an offence of World Bowls Misconduct has been committed it may impose, in its discretion, an appropriate penalty or recommendation, or penalties set out in Regulation 27 and notify the Tournament Director and the Board.

26.4 All decisions of the Jury of Appeal shall:

26.4.1 be final and binding on all Members, Bowlers and Officials;

and 26.4.2 unless specified otherwise, take effect immediately upon the date the decision is dated.

26.5 Each party and person involved in any proceedings under Part XI of these Regulations shall bear their own costs legal, expert or otherwise. The Jury of Appeal has no right to 24 award costs.

26.6 There is no right of appeal against a decision of the Jury of Appeal.

27 Penalties and Recommendations

27.1 If the Jury of Appeal finds that an allegation of World Bowls Misconduct under Part XI of these Regulations has been committed, it may impose any one or more of the following penalties:

27.1.1 a reprimand;

27.1.2 suspension from such activities of World Bowls, including World Bowls Events or other meetings or functions, on such terms and for such period as it thinks fit; 27.1.3 exclusion from a particular World Bowls Event or other meetings or functions of World Bowls;

27.1.4 recommend to the Board that the Member be suspended or terminated from the membership of World Bowls in accordance with the Articles of Association;

27.1.5 fines, imposed in such manner and in such amount as the Jury of Appeal thinks fit;

27.1.6 eliminate the Bowler’s results from any games played at the World Bowls Event prior, or subsequent to, the allegation of World Bowls Misconduct;

27.1.7 such other penalty as the Jury of Appeal considers commensurate with the offence of World Bowls Misconduct;

and/or 27.1.8 such combination of any of the above penalties as the Jury of Appeal thinks fit.

27.1.9 Fines imposed under this Regulation 27 must be paid within 28 days of their imposition, failing which the Bowler, Official or Member concerned shall be suspended until actual payment is received. Failure to pay such fines within three months of their imposition will result in expulsion.

Part XI – General

28 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.

29 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 25 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.

30 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).

31 These Regulations and procedures shall be governed by the law of Scotland.

 

 

ANNEXURE A

ALLEGATION OF MISCONDUCT UNDER PART X (MISCONDUCT OTHER THAN AT A WORLD BOWLS EVENT) OF THESE REGULATIONS

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:

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

ALLEGATION OF MISCONDUCT UNDER PART XI (MISCONDUCT AT A WORLD BOWLS EVENT) OF THESE REGULATIONS

I, (name and capacity in which you are making the allegation)

of (address)

consider that (insert name of Bowler, Member or Official)

has engaged in Misconduct at a World Bowls Event in that he/she did the following : (insert details of Misconduct including game, date(s), place, time, witnesses)

 

This form must be submitted to the Tournament Director within 2 hours of the final end of the game in which the alleged incident of Misconduct occurs or 2 hours after the alleged incident of World Bowls Misconduct at any World Bowls Event.

If the allegation is in relation to Laws 54 of the Laws of the Sport the form must be submitted to the Tournament Director within 24 hours of the final end of the game in which the alleged incident of World Bowls Misconduct occurs.

Signed:

Date:

 

 

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