Welsh Homing Pigeon Union

Founded 1933

© 2010 WHPU

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Discipline

39. A Member may be suspended, reprimanded, excluded or expelled for breach of any of the following:

     (a) Guilty of dishonorable conduct.

     (b) Willfully break these Rules.

     (c) Fails to pay his subscription for the current Year.

     (d) Refuse to comply with a decision of the Union on any matter affecting the Sport of Homing Pigeon Racing or Showing.

     (e) The Union Secretary has plenary powers after the issue of a second warning to suspend a Member who willfully fails to    

      claim a stray pigeon within seven (7) days of receipt of notification. Second warning and suspension letters to be

      forwarded by RECORDED  DELIVERY.

     (f) Malpractice:- The length of suspension to be fixed by Council at the time of imposition. The Council of the Welsh Homing

      Pigeon Union to fix the term of suspension for various offences.

    (g) PERFORMANCE ENHANCING. Performance Enhancing Drugs/Substances

       1. The following are STRICTLY FORBIDDEN in the use of Pigeons.

      ANABOLIC STEROIDS, BETA AGONISTS, CORTICO STEROIDS, ANTIINFLAMMATORY NON-STEROIDS, OPIATES, ANALGESICS,    

      PERFORMANCE ENHANCING STIMULANTS, SYNTHETIC HORMONES, ANY  DRUG FOUND TO BE PERFORMANCE ENHANCING

      PLUS ANY SUBSTANCE WHICH MAY BE USED IN AN ATTEMPT TO MASK THE ABOVE.

      When products of which the composition is not specified are administered, we advise fanciers to ask for evidence from their Pharmacist  

      or Veterinary Practice stating that the product does not contain forbidden substances.

      2. In order to detect the above banned substances, the WHPU is authorised to take immediate steps, namely for taking of samples  

      before, during or after the race, from the lofts or pigeons of its Members.

      3. A sample may also be taken from the containers used to transport the pigeons from the Member’s loft to the Marking Station. It is in

      the interest of every Member to ensure that the container and its contents are free from any trace of the substances listed in paragraph

      one (1).

      4. Only a suitably trained person, authorised by the WHPU in the presence of a witness is to collect samples. At no time shall the owner

      or representative take part in the collection of faeces. The collection of samples will be carried out by persons authorised by the WHPU  

      on behalf of the Organisation requiring the test or upon instruction of the WHPU Council.

      5. A sample may be taken from a Member’s loft or pigeons as laid down in paragraph three (3). Two samples, A & B will be taken for  

      testing. The containers will be sealed and labelled in the presence of the affiliated Member or his nominee. The containers will be sent to

      the Laboratory P.O. box contained on the sample packaging and the documentation labelled F1 will be returned to the WHPU by the

      Official referred to in paragraph four (4), together with the appropriate fee. Only the Laboratory authorised by the WHPU can carry out

      testing of sample A. In the event of a positive test, Sample B will be retained by the WHPU authorised Laboratory until notified in writing

      by the WHPU that the sample may be destroyed.

      6. Any tests that are referred back to the WHPU as being incorrectly taken may be subject to charge (please ensure all written instructions

      within the testing kit provided are fully completed).

      7. Upon receipt of the result the WHPU shall forward the details in confidence to the affiliated Member or his nominee, and the Race    

      Organiser concerned (Club/Federation/National/Combine). Whilst waiting for a test result, the owner of the suspected pigeon(s) shall

      not have any claim to any prize or title which any of his pigeons may have achieved. If the resulting test is negative this restriction will be  

      lifted immediately.

     8. If the result is positive, notification would be by Recorded Delivery to the offender. The information will also be conveyed in confidence

     to the Council of the WHPU.

     9. In the case of a clearly positive result of a test, including those of the first analysis, all costs shall be borne by the offender.

     10. Medical treatment may not be used as justification should the result prove positive. Pigeons undergoing medical treatment with

     substances containing those listed in paragraph one (1) cannot take part in races and must not be in a part of the loft dedicated to racing. In

     the seven days following the closure of a race in which they have taken part, the pigeons may not be treated with any substance listed in

     paragraph one (1).

     11. A Member of the WHPU who is guilty of breaking these Rules will, in the case of a positive analysis be suspended with immediate  

     effect, subject to appeal direct to the WHPU Council. Such appeal must be lodged with the WHPU within five (5) days of a positive result.

     A non-refundable appeal fee of twenty pounds (20) must be paid within the same time frame. This fee will include the full sample analysis

     report provided by the testing laboratory. The appellant will have the opportunity for the second sample (sample B) to be tested by a

     laboratory of their choice. The appellant shall give notice in writing to the WHPU within twenty one (21) days of notification of a positive

     test result stating the grounds for appeal. Where the test of sample B has been requested the appellant has to disclose the result to the

     WHPU prior to the Appeal Hearing. Whilst under appeal the Member may continue to compete but any winnings must be withheld and

     will follow the final result of the appeal. The WHPU Council will convene a hearing of the appeal and its decision will be final. If found

     guilty under WHPU Rule 39 (g), the penalties are as laid down which is a minimum period of three years suspension or expulsion from the

     WHPU. Any prize(s) won in the seven (7) day period prior to the test will be forfeited.

     12. If the owner or his nominee refuses or impedes the collection of samples, they will lay themselves open to the penalties as laid down in

     WHPU Rule 39 (g), as though they had been found guilty of using a substance as laid down in paragraph one (1).

     13. The owner or his nominee may demand proof of identity and sight of the authorization of persons (minimum of two (2) who take the

     samples.

     14. Details of how to collect samples are included with the kit supplied by the Secretary of the WHPU. All charges involved will be given on

     application to the WHPU.

     15. Any Member of the WHPU who is found to have aided and abetted any other person, either actively or passively, in the administration

     of performance enhancing drugs, or attempts to disguise their administration shall be deemed guilty and will be dealt with under the same

     rule.

 

40. During the period of suspension, excluded and after expulsion of a Member the birds and loft owned by such Member shall be  

     ineligible to compete in any Race or Show in which Union Members are allowed to compete. No address or loft which has been

      registered by a suspended, excluded or expelled Member shall be taken over by any Member of the Union or by any Member of

     a Society Affiliated to the Union except with the consent of the Union. Objection may be taken to the appointment of a

     person as a Member of the Union on the ground that he has taken over the loft or address of a suspended, excluded or  

     expelled Member without consent. A suspended Member may after a period of three (3) months from the date of his

     suspension apply to the Union for its removal. Any Member of the Union advertising a clearance sale shall be debarred for

     three (3) years from competing in any Race or Show in which Union Members are allowed to compete. Where mitigating  

     circumstances exist any Member may apply to the Council to be reinstated within the stipulated three (3) years. If another  

     Member lives at the same address, and has a separate loft with birds carrying rings recognised by the Welsh Homing Pigeon

     Union that are proved to be owned by that other Member and registered in the name of that other Member with the Union

     that has issued such rings at least six (6)months prior to the advertisement for the clearance sale, then that Member shall be  

     exempt from the terms of this Rule.

     The date of such sale must be forwarded to the Union Secretary, and that the other Member at any reasonable time shall

     permit any Officer of the Union or person authorised in writing by the Secretary of the Union to inspect the pigeons in his  

     loft and if on such inspection there shall be found to be pigeons registered in the name of the Member who has had a

     clearance sale then that Member shall be debarred from competing in any race or show until the determination of the period

     of three (3) years from the date of the advertisement of the clearance sale of the Member living at the same address.

 

41. AUCTION SALE: At all Pigeon Auction Sales, on completion of a financial transaction signed transfer cards shall be furnished to

      the purchaser in respect of every bird purchased by him or her. Cards shall be signed by the registered owner, or in the case

      of a partnership, by all partners or their representatives. In all Charity Auction Sales, a Balance Sheet shall be published in the

      Fancy Press. Balance sheets and Names of Officials in charge of such an Auction must be forwarded to the Welsh Homing    

      Pigeon Union Office.

 

42. At least one week before the Meeting at which the resolution to suspend, exclude or expel a Member or Affiliated Society is  

     heard, notice of the place, date and time of such Meeting shall be given to such Member or Society and of the proposed  

     resolution and he or they shall at such Meeting and before the proposed resolution shall be put to the Meeting, have an  

     opportunity of questioning the basis of such resolution and/or any evidence or witness in support of the same and to give  

     orally or in writing any explanation or defence including the calling of witnesses in his/her or their defence as they shall think

     fit.

 

43. If an Affiliated Society shall in the opinion of the Council conduct its affairs in a manner unbefitting an Affiliated Society of

      the Union, or wilfully breaks or refuses to comply with any decision of the Council, such Society shall after due enquiry  

      conducted in accordance with the preceding Rule be suspended, excluded or expelled from the privileges of the Union. Any

     Member who was a Member of such Society shall thereupon also be suspended, excluded or expelled from the privileges of

     the Union and shall not become or continue as a Member of any other Society Affiliated to the union or become an Individual

     Member until he produces proof that he had been prepared to abide by the decision of the Union.

 

44. A suspended Member or Affiliated Society shall during the period of suspension and a Member of Affiliated Society excluded

     or expelled shall absolutely forfeit the rights and privileges of the Union and its property.

 

45. An appeal by any Member against his suspension or expulsion or aggrieved by a decision of his Club shall be allowed to appeal    

      to his Federation, subject to the following provisions.

     (a) Notice of such appeal shall be given in writing and within twenty-one (21) days of his suspension or expulsion or  

      aggravation to the Secretary of the Federation specifying his desire to appeal.

     (b)The Secretary of the Federation shall thereupon give ten (10) days notice of the date and place appointed for the hearing

      of the appeal to be sent by either registered or recorded delivery post to the Club and Member appealing. The Appeal must

      be dealt with by the Federation within twenty-one days (21) days after receipt of appeal.

     (c) The Federation shall hear the appellant and consider evidence tendered on his behalf of the Club and they may also receive

      and consider written statements or explanations furnished by the parties.

     (d) The decision of the Federation shall, within twenty-one (21) days be communicated to the parties affected, and shall take

      effect from the date thereof, providing that, in the event of the Member's suspension, expulsion or aggravation being

      confirmed, he shall have the right of final appeal to the Council of the Union as herein after provided. In the event of

      Member(s) appealing to the Council of the Welsh Homing Pigeon Union against their suspension by their Federation they

      would be allowed to continue racing/showing their pigeons as ordinary Members of their Club, Federation. They would not be

      allowed to hold any Official position in their Club, Federation or Union, until such time as their appeal is heard in full by the

      Council of the Welsh Homing Pigeon Union and a decision reached by them.

      NOTE: Members and Societies not Affiliated to a Federation may appeal direct to the Council of the Union.

 

46. Any Affiliated Society or any Member of the Union who is aggrieved by the decision of a National / Federation / Combine

      under these Rules may, in the absence of express provision to the contrary, appeal to the Council subject to the following

      provisions:

     (a) Notice of such appeal shall be given in writing and shall state the grounds of appeal and shall be served upon the Secretary

      of the Council within twenty-one (21) days after the decision of the National / Federation / Combine . The notice must be by

      recorded or special delivery. The Notice shall be accompanied by a deposit of £20.00, which will be returned if the

      appellant is successful.

     (b) Upon receipt of the Notice of Appeal, the Secretary shall forward a copy to the Secretary of the National / Federation /

      Combine , who shall within ten (10) days after receipt of such Notice, forward to each party to the appeal a Minute of the

      evidence taken and points raised before the Federation. The Appeal will be heard by Council within fifty (50) days.

     (c) Any party to the appeal may, within ten (10) days after receipt of such Minute, by notice in writing to the National /

      Federation / Combine and Union Secretary object thereto on the ground that it is inaccurate or that material evidence has

      been omitted, or that points raised have not been clearly stated. The notice of objection shall clearly state the grounds of

      objection. The notice of objection shall be considered by the National / Federation / Combine, who may make such

      amendments (if any) of the Minute as they think fit. The Minutes of Evidence and points raised shall then be signed by the

      Chairman and Secretary of the Federation and shall be binding and conclusive as to the evidence heard and received, and the

      points raised at the appeal unless the Council shall otherwise determine.

     (d) The Secretary of the Council shall, prior to the hearing of the appeal by the Council, furnish a copy of the Minutes of

      Evidence and points raised to every party to the appeal.

     (e) At the hearing of the appeal by the Council, all parties to the appeal shall attend and give evidence but no fresh evidence

      shall be permitted except by consent of the Council, and provided that written notice of intention to tender such fresh

      evidence stating full particulars shall have been served upon the Secretary of the Council, and to the other party or parties to

      the appeal, at least seven (7) days prior to the hearing.

 

47. The Council may rescind, vary, modify, refer back for re-hearing or confirm the decision of the Federation.

 

48. The decision of the Council upon appeal shall be final and binding.

 

49. These Rules shall be deemed to be a submission by all Members of the Union and by all Affiliated Societies thereof, of any

      questions which may arise under the above-written Rules to the arbitration of the Union, such arbitral jurisdiction to be

      exercised through the several tribunals or bodies hereby recognised or appointed in the matter herein before provided.

 

50. Any interested party may appear to be represented on any appeal under such last mentioned Rules. No Councillor and

      Federation Member shall without permission, speak or vote on any matter in which he may have a trade or business interest.

 

51. No Councillor shall sit or vote at the Council on the hearing of any appeal against a decision of a Federation whereof he is a

      representative, nor shall any Member of the Committee of a Federation sit or vote at the hearing of such Committee on any

      matter affecting a Society to which he belongs.