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WALSDEN CRICKET & BOWLING CLUB

 CLUB CONSTITUTION

DATED 15 OCTOBER 2012

 

 

1.            Name

The name of the Club is Walsden Cricket and Bowling Club.

2.            Club Purposes

The purposes of the Club are to foster and promote participation in the amateur sports of cricket and bowls within the community, providing facilities for playing cricket and bowls providing opportunities for recreation, coaching and competition.  The club shall be governed by its general club committee. The Club is a non profit making organisation. All profit and surpluses will be used to maintain or improve the Clubs facilities.

3.            Affiliation

3.1          The Club is affiliated to the England and Wales Cricket Board through the Lancashire Cricket Board.

3.2          The Club and its members shall ensure that members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.

3.3          The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for Safeguarding Children and any future versions of the policy.

3.4          The Club shall adopt and implement the ECB Inclusion and Diversity Policy and any future versions of this policy.

3.5          The Bowling section will follow, where appropriate, any rules and regulations laid down by their national governing body.  The bowling section will be governed by the General Committee of the club. 

3.6          The club is Registered under the Clubmark scheme, the relevant playing section will abide by the rules and regulations laid down by the awarding body. The Committee may adopt regulations relating to the operation of a playing section and these may be amended by the Committee from time to time. Any amendments must comply with the Clubmark requirements of the awarding body as they may be amended from time to time. In the case of any conflict between the provisions of the Club’s constitution and the Clubmark requirements of a relevant awarding body, the Clubmark requirements shall take precedence.

 

4.            Permitted means of advancing the Purposes

The General Club Committee has the power to:

4.1          acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;

4.2          provide coaching, training, medical treatment, and related social and other facilities;

4.3          take out any insurance for club committee, employees, contractors, players, guests and third parties;

4.4          raise funds by appeals, subscriptions, loans and charges;

4.5          borrow money and give security for the same, and open bank accounts;

4.6          buy, lease or licence property and sell, let or otherwise dispose of the same provided that no disposal of the cricket ground and bowling green at Scott Street, Walsden can be made without the prior written approval of the members voting at a general meeting;

4.7          make grants and loans and give guarantees and provide other benefits;

4.8          set aside or apply funds for special purposes or as reserves;

4.9          deposit or invest funds in any lawful manner;

4.10       employ and engage staff and others and provide services;

4.11       co-operate with any organisation, club, sporting body, government or government-related agencies; and

4.12       Meet once every two weeks, unless otherwise specially determined.

4.13       Declare the opening and closing of the cricket and bowling season, and opening of the ground for practice

4.14       Do all other things reasonably necessary to advance the purposes.

NONE of the above powers may be used other than to advance the purposes consistently with the Rules below and the general law.

5.            Membership

5.1          Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.  However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.

5.2          The Club may have different classes of membership and subscription on a non discriminatory and fair basis.  The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.

5.3          The level of subscriptions for the year commencing 1st January, will be determined at the Annual General Meeting. All subscriptions due must be paid to the collectors no later than the last Saturday in May. Playing members must pay subscriptions by the date of the first game. They are not eligible for selection for any team for a period of 7 days after paying overdue subscriptions.

5.4          The Club will have the following classes of membership:

5.4.1      Honorary Patron

5.4.2      Vice President

5.4.3      Gentleman

5.4.4      Lady

5.4.5      Senior Citizens

5.4.6      Junior male (U 18)

5.4.7      Junior female (U 18)

5.5          Application for membership of the Club shall be by completion of a membership application form.

5.6          No person shall be eligible to take part in the business of the Club, vote at general meetings or be eligible for selection for any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Club Committee Two days must also have passed since the application for membership was submitted before membership can be granted.

5.7          The Club Committee may refuse membership, or remove it, at their discretion but only for good cause such as conduct or character likely to bring the Club or cricket into disrepute and:

5.7.1      The Club Committee may only refuse to admit a new member if a resolution is passed at a meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Club Committee to consider at the meeting.  Appeal against a refusal of membership shall be to the Appeal Committee as detailed below. 

5.7.2      The procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail below.

5.8          All members will be subject to these Rules and by joining the Club will be deemed to accept these Rules, any Club Regulations and any Codes of Conduct that the Club has adopted. A Code of Conduct for Members and Guests must be displayed prominently to ensure that all Club guests and non-member volunteers are aware of the code and the requirement to abide by it. 

5.9       The Club Membership Secretary will keep a register of members.

5.10     Membership is not transferable and shall cease on death.

5.11       A member may resign by written notice to the Club, but the return of any subscription paid is at the discretion of the Club Committee.

5.12       Every member shall be permitted to introduce one friend as a guest but the same guest must not be admitted more than three times in a calendar month and the same times per annum.

6.          All General Meetings

6.1       All members may attend all general meetings of the Club in person.

6.2       All full members have one vote.

6.3       Members must be given at least 14 clear days’ notice of all general meetings.

6.4          The quorum for all general meetings is 20 members present of the present membership.

6.5          If a quorum is not present within 15 minutes of the start of the meeting, the meeting will be adjourned to the following week at the same time and place or such other time and place as the Committee decide and any voting members attending the adjourned meeting will constitute a quorum.

6.6          The Chair or (in his or her absence) another member chosen at the meeting by the members shall preside.

6.7          Except as otherwise provided in these Rules or in Club Regulations every resolution shall be decided by a simple majority of the votes cast on a show of hands.

6.8          Formalities in connection with general meetings (such as how to put down resolutions) shall be decided by the Committee in Club Regulations and publicised to Club members.

7.            Annual General Meetings

The Club will hold an AGM once in every calendar year and not more than 15 months after the last AGM.  At every AGM:

7.1.1      the Members will elect a Committee including a Chair, Treasurer and Secretary to serve until the next AGM provided that no Committee member shall serve for more than five consecutive terms before being eligible for appointment again;

7.1.2      the Treasurer will produce accounts of the Club for the latest financial year to 30 September to be audited or independently examined as the Committee shall decide;

7.1.3      the Committee will present a report on the Club's activities since the previous AGM;

7.1.4      the Members will appoint a suitable person to audit or independently examine the accounts; and

7.1.5      the Members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting.

8.            Extraordinary General Meetings (EGM)

An EGM shall be called by the Secretary within 14 days of a request to that effect from the Committee or on the written request of not less than 20 members signed by them.  Such EGM shall be held on not less than 14 nor more than 21 days’ notice at a place decided upon by the Committee or in default by the Chair.  If the Committee fails to call a meeting within 14 days of receiving a valid request from the members then the requisitionists may themselves call a meeting, the costs of which will be reimbursed by the Club.

9.            The Committee

9.1          Role

Subject to these Rules the Committee shall have responsibility for the management of the Club, its funds, property and affairs.

9.2          Property, etc.

9.2.1      The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are to be re-invested in the Club.  No surpluses or assets will be distributed to members or third parties.

9.2.2      The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Corporation Tax Act 2010.

9.2.3      Pursuant to the provision of section 49 Licensing Act, intoxicating liquor may be sold or on behalf of the Club for consumption on the Club premises to:

·         Members or visiting teams and their supporters competing against the Club in organised games

·         Members and supporters of teams taking part in the finals and competitions organised by the leagues and associations of which the Club is a member, when the Club’s ground is being used for such occasions

·         Individuals and teams taking part in festivals or representative matches organised by such league and associations on the Club’s ground.

·         Persons in attendance at functions and competitions where in Club premises have been hired in accordance with paragraph 9.2.4.

·         Any other function that is authorised by the committee provided always that it is promoted by and is the responsibility of a member of the Club who is present at the function. Functions shall not exceed the required 52 per year and notice in writing of each function shall be given to the Clerk of the Justices and the Police Prosecutions Officer for Calderdale Division at least seven days prior to the date of the function

9.2.4      Open hours for the bar are at the discretion of the Bar or General Committee and within the legal permitted hours. Extension to these hours will be applied for as and when the occasion demands.

9.2.5      The committee may at it’s discretion hire out the Club premises for functions to be organised by others subject to the following conditions:-

·               No hiring shall be concluded or confirmed without the prior approval of the committee. In deciding whether to confirm a hiring, the committee shall give absolute priority to all known or anticipated functions or requirements of the Club itself.

·               Notice of such functions shall be posted in the Club premises not less than ten days before the date of the function. The nature and times of such a function to be included in the notice.

·               The number of people attending a function shall not exceed 120

·               Functions authorised under this rule shall be limited to no more than ten occasions each year and notice in writing of each function shall be given to the Clerk of the Justices and the Police Prosecutions Officer for Calderdale Division at least seven days prior to the date of the function

9.2.6      The Club may also in connection with the sports purposes of the Club:

(a)      sell and supply food, drink and related sports clothing and equipment;

(b)      employ members (though not for playing) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;

(c)      pay for reasonable hospitality for visiting teams and guests; and

(d)      indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).

9.2.7      The Committee will have due regard to the law on disability discrimination and the safeguarding of children and vulnerable adults.

9.3          Composition, etc.

9.3.1      The General Club Committee (committee) shall consist of at least 7 (seven) members (including officers) and not more than 19 (nineteen) members (including Officers). Officers are President, Chairperson, Secretary and Treasurer.

9.3.2      The Committee may elect a cricket chairperson who may also act as a Vice Chairperson

 

9.3.3      The Committee members may co-opt club members (up to the maximum permitted number) to serve until the end of the next AGM.

9.3.4      Any Committee member may be re-elected or re-co-opted without limit.

9.3.5      Any nominee for the Committee shall have been a member of the Club for at least 12 months.

9.3.6      A Committee member ceases to be such if he or she:

(a)          ceases to be a member of the Club; or

(b)          resigns by written notice to the Club; or

(c)          is removed by the Committee in accordance with clause [5.7] and [10].

9.4          Committee Meetings

9.4.1      Whenever a Committee member has a personal interest in a matter to be discussed he/she must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned.

9.4.2      The Committee may decide its own way of operating.  Unless it otherwise resolves the following rules apply:

(a)          at least 4 (four) Committee members in addition to at least 2 (two) officers, must be present for the meeting to be valid;

(b)          Committee meetings may be held either in person or by telephone, televisual or other electronic or virtual means agreed by the Committee in which all participants may communicate simultaneously with all other participants;

(c)          the Chair or whoever else those present choose shall chair meetings;

(d)          decisions shall be by simple majority of those voting;

(e)          a resolution in writing signed by every Committee member shall be valid without a meeting; and

(f)           the chair of the meeting shall have a casting vote if necessary.

9.4.3      The Committee shall appoint a Club Welfare Officer to ensure compliance with safeguarding legislation and the ECB Safe Hands policy.  The Club Welfare Office shall report to relevant Committee meetings and the reports, together with any action taken, must be minuted.

 

9.5          Bank Account

Any bank account in which any part of the Club’s funds are deposited shall be operated by the Committee and shall be held in the name of the Club.  Unless regulations state otherwise, all cheques and orders for payment of money from such accounts must be signed by at least two people who are on the Committee.

9.6          Delegation, etc.

The Committee may delegate any of their functions to sub-committees but must specify the scope of its activity and powers; the extent to which it can commit the funds of the Club; its membership; its duty to report back to the Committee.  The Committee may wind up any sub-committee at any time or change its mandate and operating terms.

9.7          Disclosure

Annual club reports and statements of account prepared to 30 September each year must be made available for inspection by any member and all club records may be inspected by any Committee member.

10.          Removal of Membership, Discipline and Appeals

10.1       Any complaints regarding the behaviour of members, guests or volunteers should be lodged in writing with the Secretary.

10.2       Any person that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the relevant committee in reasonable time to prepare for any hearing.

10.3       The Committee shall appoint a disciplinary sub-committee (Disciplinary Sub-Committee) who will meet to hear complaints within 21 days of a complaint being lodged.  Any person requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.  The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including the termination of membership or exclusion from Club premises.

10.4       The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within 14 days following the hearing.

10.5       There shall be a right of appeal within 14 days of receipt of the disciplinary decision or decision to refuse membership:

10.5.1   against the Disciplinary Sub-Committee’s findings or the sanction imposed or both; and

10.5.2   against the Committee’s refusal to admit a new member

in either case, the Committee shall appoint an appeals committee (“Appeals Committee”).  The Appeals Committee shall have a maximum of three members which shall not include members involved with the initial disciplinary hearing but may include non-members of the Club.  The Appeals Committee shall consider the appeal within 21 days of the Secretary receiving the appeal.  The individual who submitted the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses.  The decision of the Appeals Committee shall be final and binding on all parties.

11.          Property Trustees

11.1       Any property or assets of the Club may be vested in between two and four trustees.  The trustees shall hold the same for and on behalf of the members of the Club.

11.2       The Committee shall have power by notice in writing to appoint such trustees from the membership of the Club, and may remove them at any time, by resolution of the Committee.

11.3       The trustees shall deal with the Club’s property and assets as directed by the Committee from time to time.

11.4       The trustees shall be entitled to be indemnified against any cost or expense properly incurred in dealing with the property or the assets out of the Club’s funds.

11.5       Every trustee of Walsden Cricket and Bowling Club shall be indemnified out of the assets of the club against any liability incurred in that capacity in defending any proceeds whether criminal or civil in which judgement is given in his/her favour or in which he/she is acquitted or in connection with any application in which relief is granted by the court from liability for negligence, default, breach of duty or breach of trust in relation to the affairs of the club. The liability of the trustees of Walsden Cricket and Bowling Club in any proceeds referred to the above shall be limited to the net assets of the club. The trustees shall not be held personally liable for any action or costs awarded against the trustees acting on behalf of the club.

12.          Club Regulations

The Committee may make Club Regulations consistent with these Rules and will publicise these to the members.

13.          Notices

13.1       Notices to be sent out in accordance with these Rules may be sent by hand, by post or by suitable electronic means and will be treated as being received:

13.1.1   24 hours after being sent by electronic means or delivered by hand to the relevant address;

13.1.2   Two clear days after being sent by first class post; or

13.1.3   Three clear days after being sent by second class post.

13.2       Notice of all general meetings must also be put on the Club’s notice board(s) and website (if any).

13.3       A technical defect in the giving of notice of which the members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.

14.          Amendments

14.1       These Rules may be amended at a general meeting by resolution passed by two-thirds of the votes cast but not (if relevant) so as to jeopardise the Club’s status as a Community Amateur Sports Club as first provided for by the Corporation Tax Act 2010 and not in any event to alter its purposes (unless the procedure set out in 9(b) has been followed) or winding up provisions.

14.2       The Club Purposes may be changed to include another eligible sport if the Committee unanimously agree and the members also agreed the change by a 75% majority of votes cast.

15.          Winding Up the Club

15.1       The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.

15.2       The Committee will then be responsible for the orderly winding up of the Club’s affairs.

15.3       After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

15.3.1   to another Club with similar sports purposes which is a charity; and/or

15.3.2   to another Club with similar sports purposes which is a registered CASC; and/or

15.3.3   to the Club’s national governing body for use by them for related community sports.

           

Adopted at a meeting held

at Walsden Cricket and Bowling Club

on 15 October 2012

Signed

Name: J Green

Signature: J Green

Mr J Green, Chairman

Witnessed………………………………………

Name  ……………………………

Address…………………………………………………………………………………

 

Name: C J Barker

Signature: C J Barker

Mr C J Barker, Secretary

Witnessed…..……………………………………

 

Name  ……………………………

 

Address…….……………………………………………………………………………

 

 

 

 

 

 

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