Précis Minutes of the Fifth Meeting (2007 Session) of the Board of Directors of
ACU Ltd at the Offices of the Company held on Thursday 30th August 2007
Present: Jim Parker (Chairman)
Brian Bonny
Peter Beardmore
Roger Brown
John Collins
Roy Hanks
Roy Humphrey
Tony Noel
Kevin Davies (Locktons Motorsport Risk Insurances) – Item 6 only
Gary Thompson MBE BEM (General Secretary)
Item 2: Confirmation of Minutes of the Fourth Meeting (2007 session) of the Board held on
Tuesday 26th June 2007
The minutes of the fourth meeting held on the 26th June were confirmed.
Item 3: Matters Arising
RHL Activities Limited. Mr Thompson updated the Board on the legal position regarding RHL Activities Limited.
Basic – Basic Plus Insurance. Mr Thompson informed the Board that eight permits had so far been issued from ACU Head Office to Clubs organising events using the new optional Insurance cover.
One Event Licences. Mr Thompson was asked to contact the Northern Centre regarding their procedures for the purchase and selling of One Event Licences to Clubs within their area.
Action: Mr Thompson
Competition Licences. The Board agreed that the price of an Annual Competition Licence for 2008 would be increased by £1.00. The 2008 licence will therefore cost £43.00. The cost of a Speedway licence would increase to £33.00. The cost of the Trials Registration and Trials levy is to remain at £10.00 and £1.50 respectively.
Item 4: Finance Matters
4.1 Income and Expenditure. Mr Bonny presented a summary of the current Income and Expenditure. This was approved.
Mr Bonny informed the Board that despite the impending Government Helmet Stamp scheme due to be launched at the NEC show, the sales of ACU Helmet stamps were comparable with the previous year.
4.2 Sport Committee Budgets 2008
The Chairman informed the Board that the Sport Committee Chairmen and the General Secretary had recently met to discuss and agree the respective Sport Committee Budgets for 2008.
Mr Bonny commented on the difficulties in relating the Licence Income to the total number of Licences held in each discipline as a result of the fact that a Competitor can hold a Licence to compete in various disciplines for one single licence fee.
Mr Thompson noted that the budgets for Technical, Environmental, Medical and Training/ACU Academy still needed to be completed and added to the Budget Summary.
4.3 Review of the Finance Department
The Board discussed the Review of the Finance Department paper drafted by Mr Picker from Target Consulting Limited. It was also agreed that Mr Bonny should be included in the preparation of the end of year accounts for 2007 to be presented at the AGM next May.
Item 5: Insurance Matters
5.1 Insurance for Officials appointed by Head Office as the Permit Issuing Authority for events to be held under Basic or Basic Plus Insurance Cover
It was noted that in cases where Stewards or other Officials are required by Head Office at Basic or Basic Plus events, their appointment will be arranged by the appropriate Committee Secretary and this may well be in conjunction with a Local Centre – most conveniently with the Centre in which the event is to take place. It was agreed that although these Stewards or Officials will obviously have Centre connections they will always be acting on behalf of and be appointed by Head Office as the Permit Issuing Authority.
As a matter of Policy it was agreed that, with immediate effect, all Stewards or other Officials appointed by ACU Head Office to carry out specific duties are to be fully covered under the Premium Insurance Cover whilst engaged on such duties.
Isle of Man
The Chairman gave the Board a report on the meeting he had recently attended with senior officials of the Manx Government, the Police, the Manx Motor Cycle Club and the TT Marshals Association in the Isle of Man in connection with the regrettable situation that had arisen involving the arrest of a Marshal as part of an ongoing investigation into the tragic accident in the Senior Race at this year’s IOM TT.
He noted that the meeting had conclusively demonstrated the determination of all those involved with the events on the Mountain course to ensure their continued success although it was recognised that there will always be problems arising from applying modern conditions to such an historic event.
The immediate problems having been resolved with the co-operation of all concerned, a Track Licence and a Permit for the Manx Grand Prix had been issued.
Further meetings are to be held to consider matters concerning the 2008 TT races and to enable a Track Licence to be issued for that event.
5.2 Appointment of Underwriters
Mr Davies stated that Locktons will be speaking to a number of Underwriters during September and will be able to brief the Board more comprehensively at the next meeting.
Item 6: ACU Maxxis British Motocross Championships
The Board viewed a DVD presentation by Mr Humphrey showing aspects of the FIM Motocross Grand Prix and the ACU Maxxis Motocross Championships. Mr Humphrey explained that in order to safeguard and develop the Maxxis Championship it must in future be managed in a fully commercial way. In order to achieve it was felt that the time was right to move the series in its entirety into ACU Events Limited.
The Chairman then presented a formal proposal for the establishment of the operation and objectives of the Company together with proposals for the transfer of all rights to the ACU MAXXIS British Motocross Championship to ACU Events Ltd, being the first major asset of the ACU identified as requiring commercial management in order to raise the profile and maximise potential.
The Board then approved the following proposals:
1. That the commercial and all other rights relating to the ACU British Motocross Championship be transferred to ACU Events Ltd on 1st January 2008.
2. That all surpluses resulting from the activities of ACU Events Ltd be retained in that Company for the benefit of the sport of motorcycling. The accounts of the Company may, if decided as beneficial, be included within the accounts of ACU Ltd., but if so will be ring-fenced and not subject to consideration or approval by ACU Ltd.
3. There will be a maximum of six Directors of ACU Events Ltd. ACU Ltd will appoint three and up to three others may be appointed by the Board of ACU Events Ltd. The Directors originally appointed, Messrs Parker, Carter, Brown, Bonny, Brown and Appleyard will remain in office in the interim and will constitute the Board.
4. The Chairman of ACU Ltd will be one of the ACU Ltd’s nominated Directors, and will be appointed as the Chairman of ACU Events Ltd. The Chairman will have a casting vote. A Managing Director may be appointed from among the Directors.
6 The General Secretary of ACU Ltd will be the General Secretary of ACU Events Ltd and other staff deemed necessary to successfully carry out the business will be appointed.
5. That existing staff of the Motocross Department may eventually be re-deployed as necessary. Staff affected to have all existing salary and pension rights protected.
6. That the Registered Office of ACU Events Ltd, is to be Wood Street, Rugby and the Company will obtain goods and services through or from ACU Ltd., whenever appropriate.
7. That ACU Events Ltd will discuss and agree with the ACU Ltd Motocross Committee the implementation of any changes of Rules that may be required for the ACU National Championships. This will be done through a standing Championship Commission which will always include the ACU Ltd’s MX Committee Chairman or his nominated representative.
8. That all matters of Insurance be arranged in consultation with ACU Ltd., and any commission derived there from shall be payable to ACU Events Ltd.
9. That ACU Events Ltd will approve the appointment of the Event Director, Clerks of the Course. The Stewards to be recommended by the ACU Ltd MX Committee for individual Championship Rounds are subject to the approval of ACU Events Ltd.
12 In the event of ACU Events Ltd., going into liquidation by adopting a resolution for voluntary winding up or if a winding-up order is made against it, all assets are to be transferred to ACU Ltd.
The General Secretary will liaise with Messrs Bretherton Solicitors regarding ACU Ltd ownership of ACU Events Ltd to ensure this is correctly expressed in the ACU Events Ltd Articles of Association.
Action: Mr Thompson
Item 7: FIM – Nomination and Election of Vice President and ACU Voting Delegate
The Chairman informed the Board that he had recently had discussions with Mr Willoughby who had confirmed that he would like to be the ACU’s Voting Delegate at the FIM at the October Biennial Session being held in Geneva and subsequent meetings thereafter. Mr Willoughby had also agreed to be the Chairman of the International Panel at which FIM and UEM matters would be discussed prior to delegates travelling to such meetings.
Mr Willoughby was confirmed as the ACU’s candidate to become a Vice President of the FIM and it was noted that Mr Willoughby will be invited to attend meetings of the Board as appropriate.
Item 8: Transfer of Permit System to Rugby
The General Secretary briefed the Board on the transfer of the Permit system from Locktons offices in Manchester to ACU House and the arrangements made thus far.
Item 9: Membership of the ACU
The Chairman explained that Mr Carter had drawn attention to some discrepancies between the NSC and the ROU insofar as ‘Membership’ was concerned. After some discussion the Board agreed to the following amendments:
1. That the title of NSC 205 be changed to ‘Membership of the ACU’.
2. That the title of 2.05.1.1 be changed to ‘Affiliated Member’.
3. That the word ‘Official’ in the third line of 2.05.1.1 be deleted.
4. That the ROU be changed as follows:
The title of B19 & B20 be changed to ‘Affiliated Member’.
That B19 be reworded as follows:
A. An Affiliated Member is an individual who is a fully paid up member of one or more Clubs affiliated to the ACU. Such an individual shall be eligible to take part as an Official of the ACU or as a Competitor in any competition organised under this National Sporting Code provided he holds a current Competition Licence or Trials Registration and meets any other eligibility requirements specified in the National Sporting Code, its Appendices or Event Regulations.
Competition Licence holders in all disciplines will be deemed eligible also to ride in Trials and to enter such events quoting their Competition Number.
All applications for Competition Licences, Affiliated or Associate Memberships are n subject to the approval of the Board of Directors of the ACU.
Without prejudice to any other rights, Affiliated Membership may be refused or may be withdrawn at any time by the Board of Directors with the right of Appeal to the National Council.
B. That Article B20 be deleted in its entirety. (All subsequent Articles being renumbered as appropriate).
C. That Article B21 continues without modification. (But now as Article B20)
Item 10: NSC – Proposed Revisions to the Disciplinary Code
The following amendments were accepted:
Chapter 6. STEWARDS
Article 6.01.3 To delete the statement commencing on line four: “They may also impose such penalties as are laid down in Chapter 10 of this Code, on any entrant, sponsor, rider, passenger or other person reported to them by the Clerk of the Course for misbehaviour or unfair practice whom they find guilty”.
REASON: Is not in conformity with Article 10.03.2.4 of the ACU Disciplinary Code.
Chapter 10. DISCIPLINE
Article 10.03.1.2 Authority
1. The Clerk of the Course has the authority to penalise automatically:
1. Any voluntary or involuntary act or deed made by a person or ACU Licence Holder(s) during a meeting contrary to the current regulations or instructions given by an official of the meeting.
2. Any corrupt or fraudulent act, or any action prejudicial the interests of the meeting, or of the sport, carried out by a person or ACU Licence Holder(s) during a meeting.
3. The Clerk of the Course is empowered to adjudicate upon any Protest lodged during a meeting.
REASON: To simplify the presentation of an existing Article. The wording is unchanged.
The Chairman was authorised to look into possible changes to the Protest procedures applicable to the Road Race discipline.
Item 11: Any Other Business
Dr David Stevens. The Board agreed that Dr David Stevens, Co-Chairman of the Medical Panel would also be known as the ACU’s Medical Adviser.
World Enduro Championship 2008. Mr Collins informed the Board that the British Round of the World Enduro Championships would be hosted and organised by the Hafren Club in 2008. He further commented that the round had been allocated by the Promoter (Alain Blanchard) who has not as yet informed the ACU that this is the case. Mr Collins would write to the Club and offer ACU support as appropriate.
Action: Mr Collins
Provision of Transponders. Mr Humphrey informed the Board that Mr Barton, Mr Nelson and himself were in discussion with ANB regarding the provision of Transponders to be purchased from ACU House. A further update would be given at the next meeting.
Item 12: Date of Next Meeting
The next Board meeting will be held on Thursday 27th September at ACU House commencing at 10.30 am. There being no further business the Chairman closed the meeting at 5.20pm.