[TVHGC Members] Re: Agenda Item 3 Update

I have been following Steve's exploration of this matter with Marc Asquith on the facebook page UK Paramotor XC and would like to ask a question, but I have no posting rights there.

Marc Asquith explained that it has been established in court that there is a "freedom to associate and a freedom not to associate".

He also referred to a number of entities:

1. The BHPA Ltd (A company limited by guarantee, registered at companies house as having the  nature of business Activities of Head Offices)

2. Its Directors (registered as 3 individuals who are estate agents from Nottingham and who are the only shareholders and who are not BHPA members)

3. The Executive Council (11 BHPA members, none of whom are directors or shareholders)

4. The members (the rest of us).

If I have understood the structure correctly can Marc explain which of these entities (in the context of this proposed amendment to the Articles of Association)  seeks the "freedom not to associate" and which other of these entities they are seeking to have the freedom not to associate with?

My current understanding of his explanations so far is that it is the Directors who seek the freedom not to associate their Company, BHPA Ltd, with any of the members applying to renew membership, in the same way that they already have the freedom not to associate with new applicants and lapsed applicants under the existing Articles.

If this understanding is correct then it is those three (non-BHPA member) estate agents from Nottingham who would be declining to renew our memberships, based on a recommendation by a majority of the members of the Executive present at their meeting, convened under the Articles, to determine an application. This could be as few as 2 members present, as according to those Articles.

On Mon, Feb 1, 2016 at 8:20 AM, francis rich <francis@jfdiuk.com> wrote:

The issue has been debated in several places. The BHPA Chairman Marc Asquith has given some explanations.

Crucially he states that the law allows that people have the right to associate and the right not to associate. He also explains that the BHPA is a company not a democracy and that the directors act for the company under the companies Act. 

The directors of the Company BHPA Ltd are two estate agents from Notingham according to companies house. None of teh Executive are listed as directors.

What is not clear is who the Executive council are making the decision whether to associate or not associate with an individual member FOR.

Do they decide not to allow the association of a member with the other members? Or not to associate with the Company (on behalf of the Directors)?

I would happily vote it in if it were the former but definitely not the latter. The former implies that anu=y decision to exclude must only be a recommendation and the membership  must have the final word (an appeal to them). The latter implies that the membership must do as the Directors say.

I hope this question can be answered before the vote.

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