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
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
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 (65 and Over)
5.4.6
Junior
male (U 18)
5.4.7
Junior
female (U 18)
5.4.8
Family
Membership – 2 Adults and up to 3 Juniors (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…….……………………………………………………………………………