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COMMITTEE and Constitution
CLUB CONSTITUTION The Heathcoat Cricket Club Constitution 1. Name The name of the Club is Heathcoat Cricket Club, hereafter to be referred to, as "the club" and the club shall be affiliated to the England and Wales Cricket Board through the Devon Cricket Board. 2. Aims and Objectives To foster and promote the sport of cricket at all levels within the community and within the sport, providing opportunities for recreation, coaching and competition. To manage the club: To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket. To ensure a duty of care to all members of the club, by adopting and implementing the ECB ‘Safe Hands – Cricket’s Policy for Safeguarding Children’ and any future versions of the Policy. To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy. To encourage all members to participate fully in the activities of the club.
3. Club Premises The club premises are the pavilion and the ground at Knightshayes, Tiverton. They will be open at any reasonable time by arrangement with the Secretary for cricket practice and for purposes other than those involving the sale and consumption of intoxicating liquor, throughout the whole season (i.e. from April until October inclusive) and at any other time by the approval of the Management Committee, but always between the hours of 8.00am and 12.00 midnight.
4. Membership (a) Membership of the club shall be open to anyone interested in the sport of cricket 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. (b) The club may have different classes of membership and subscription on a non- discriminatory and fair basis. The club will keep subscriptions at levels that will not pose a significant obstacle to people participating. (c) Application for membership of the club shall be by completion of a membership application form and by payment of the relevant subscription/joining fees as determined by the Annual General Meeting of the club. (d) No person shall be eligible to take part in the business of the club or eligible for selection for any club team unless the appropriate subscription has been paid by the specified date or the Committee has agreed membership. (e) All subscriptions are due on or before April each year. Late payment is liable to such additional fee as may be determined by the committee from time to time. Membership of the club will lapse if the subscription is not paid by 30 June. (f) The club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal or removal may be made to the Committee who shall appoint an Appeals Committee to hear the appeal. (g) All members will be subject to the regulations of the Constitution and by joining the club will be deemed to accept these regulations and any Codes of Conduct that the club has adopted. The Constitution shall identify those members eligible to vote at any General Meetings. 5. Classes of Membership There shall be 4 classes of membership available. These are: · Full Playing Members: Persons over the age of 18 who wish to play cricket for the club. · Junior Member: Persons under the age of 18 years at the beginning of the current year, who wish to play cricket for the club, or who wish to support the aims and objectives of the club. · Social Members: Persons over the age of 18 who wish to support the aims and objectives of the club, but not as playing members. · Honorary/ Life Member: The President and Honorary life members (if any).
The Secretary and the Welfare Officer of the club shall maintain a list of members in each category. 6. Officers The Officers of the club shall be as follows:
Executive Officers
Honorary Officers (if applicable)
7. Election of Officers All Officers shall be elected at the Annual General Meeting of the club from, and by, the members of the club. All Officers shall be elected for a period of one year, but shall be eligible for re-election to the same office or to another office the following year. 8. Management Committee 1. The affairs of the club shall be conducted by a Management (General) Committee (the Committee) comprising the Executive Officers of the club and up to 4 other members elected from, and by, the Full Members of the club. Only these members of the Committee shall be entitled to vote at Committee meetings. 2. The Committee will be convened by the Secretary and shall meet at agreed intervals, not less than four times per year. All business will be decided by a majority of votes with the Chair holding a casting vote when there is a need. 3. The quorum required for business to be agreed at Committee meetings shall be 5. This must include at least one of the Chairman, Honorary Secretary and Honorary Treasurer. 4. If any of the team captains or the Chairman of the Youth Development Committee are unable to attend a meeting, the appropriate Vice Chairman, Vice Captain or Assistant Manager may attend in his or her place and may vote. 5. The members authorise the committee to manage all aspects of the club’s activities. The Committee may establish sub-committees to whom the committee may delegate the power and responsibility to manage any specific areas of activity under its supervision. 6. The Chairman of the Club shall only be eligible to serve a maximum of three consecutive years in that office of the club.
The duties of the Committee shall be: a) To control the affairs of the club on behalf of the members. b) To keep accurate accounts of the finances of the club through the Treasurer. These should be available for reasonable inspection by members and should be audited before every Annual General Meeting. The club shall maintain a current bank account and the following Officers shall be authorised to sign club cheques: any two from the Chair, Treasurer and Secretary (other Officers as appropriate). c) To co-opt additional members of the Committee as the Committee feel is necessary. Co-opted members shall not be entitled to a vote on the Committee and shall serve until the end of the next Annual General Meeting. d) To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chairman shall be entitled to an additional casting vote.
The Committee shall have powers to appoint sub-committees as necessary and to co-opt advisers who may be non club members invited to advise on specialist subjects.
An elected Committee member ceases to be such if he or she ceases to be a member of the club, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting their case to the Committee. Appeal against removal may be made to the Appeals Committee. The Committee shall fairly decide time limits and formalities for these steps. The Committee has the power to: (a) acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities (b) provide coaching, training, medical treatment, and related social and other facilities (c) take out any insurance for club, employees, contractors, players, guests and third parties (d) raise funds by appeals, subscriptions, loans and charges (e) borrow money and give security for the same, and open bank accounts (f) buy, lease or licence property and sell, let or otherwise dispose of the same (g) make grants and loans and give guarantees and provide other benefits (h) set aside funds for special purposes or as reserves (i) invest funds in any lawful manner (j) employ and engage staff and others and provide services (k) co-operate with or affiliate firstly to any bodies regulating or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies (l) Do all other things reasonably necessary to advance the aims and objectives of the club. NONE of the above powers may be used other than to advance the aims and objectives in a manner consistent with the Rules and the general law.
9. Youth Development Sub Committee 1. The Youth Development Sub-Committee will manage the activities of all teams organised specifically for junior members and will include the Chairman elected at the AGM or appointed by the Committee together with the managers of the junior teams from time to time. 2. Any of the Club’s officers shall be eligible to attend but not vote at any meetings of the Youth Development Sub-Committee 3. The Chairman of the Youth Development Sub-Committee shall report to the committee at each meeting on the activities of the Sub-Committee. Any decisions involving expenditure, or commitment of club funds, shall be decided by the committee (not by the Sub-Committee).
10. General Meetings The Annual General Meeting of the club shall be held not later than the end of December each year. No more than 15 months shall elapse between Annual General Meetings. 28 clear days written notice of the Annual General Meeting shall be given to members by circulating a copy of the notice to every member at their home or e-mail address and posting the notice on the club notice board. Members must advise the Secretary in writing of any other business to be moved at the Annual General Meeting at least 21 days before a meeting. The Secretary shall circulate or give notice of the agenda for the meeting to members not less than 14 days before the meeting. The business of the Annual General Meeting shall be to: a) Confirm the minutes of the previous Annual General Meeting and any General Meetings held since the last Annual General Meeting b) Receive the audited accounts for the year from the Treasurer c) Receive the annual report of the Committee from the Secretary d) Elect an auditor e) Elect the Officers of the Club (i.e. President; Vice Presidents, Chair etc.) f) Review club subscription rates and agree them for the forthcoming year g) Determine the amount of match fees and such other fees levied by the club from time to time. h) Transact such other business received in writing by the Secretary from members 21 days prior to the meeting and included on the agenda. Nominations of candidates for election of Officers shall be made in writing to the Secretary at least 14 days in advance of the Annual General Meeting date. Nominations can only be made by Full Members and must be seconded by another Full Member. If there is more than one nomination for any post the election shall be deceived by a single majority
The Honorary Secretary may convene Special General Meetings at any time, on receipt of a request in writing from either the committee or not less than 10 Full Members of the club. At least 21 days notice of the meeting shall be given.
At all General Meetings, the Chair will be taken by the Chairman or, in his/her absence, by a deputy appointed by Full Members attending the meeting. Decisions made at a General Meeting shall be by a simple majority vote from those Full Members attending the meeting. In the event of equal votes, the Chairman of the meeting shall be entitled to an additional casting vote.
A quorum for a General Meeting shall be 10 Full Members and any other categories of membership entitled to vote (as outlined by the membership section of this Constitution) (usually 25% of the voting membership) and Officers of the Club including at least (1 or 2) from the Chair, Secretary and Treasurer. Each Full Member of the Club shall be entitled to one vote at General Meetings. 11. Alterations to the Constitution 1. Any proposed alterations to the club Constitution may only be considered at an Annual or Special General Meeting, convened with the required written notice of the proposal. Any alteration or amendment must be proposed by a Full Member of the club and seconded by another Full Member. Such alterations shall be passed if supported by not less than two-thirds of those Full Voting Members present at the meeting, assuming that a quorum has been achieved. The Honorary Secretary shall within 28 days of the making of such alterations or additions to these rules, give notice of them to the Chief Officer of the Police and to the Chief Executive of Mid Devon District Council. The Clerk to the Justices shall also be informed by written notice signed by the secretary of the club in accordance with the statutory requirements of any change affecting the registration requirements. 2. No one shall be entitled to receive at the Club’s expense any payment or benefit in kind whether direct or indirect arising from the purchase or supply of intoxicating liquor apart from any benefit accruing to the club and it’s members as a whole. 3. All income and assets of the club shall be applied for the benefit of the club or for some charitable purpose than an honorarium may be paid in respect of services rendered to the club. Any decision to make such a payment shall be made at a General Meeting of the Club or the committee may authorise the payment of a reasonable honorarium for the provision of significant services rendered to the club and the reimbursement of reasonable expenses incurred on behalf of the club. 12. Finance All club monies shall be banked in an account in the name of the club. The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position as required by the Committee. The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club. The financial year will end on April 5th. The Treasurer will present an audited statement of annual accounts at the Annual General Meeting. Any cheques drawn against club funds should hold the signatures of the Treasurer plus up to two Officers.
13. Property and Funds (i) 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 shall be reinvested in the club. (ii) 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 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 (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).
14. Bar Management a. The committee is responsible for administering the purchase and the sale of intoxicating liquor at the club premises and the observance of the liquor licence held by the club and all statutory provisions applicable with it. b. No person under the age of 18 shall in any circumstances be served with, or be allowed to consume, intoxicating liquor on the premises. c. No intoxicating liquor shall be consumed otherwise than on the premises (i.e. within the pavilion or its immediate surroundings) d. Intoxicating liquor may only be served during the permitted hours but without any obligation on the club to serve intoxicating liquor throughout the permitted hours or any of them. 15. Permitted Hours The permitted hours for the supply of intoxicating liquor on the Club premises shall be those authorised by the licence (unless an extension of hours is approved by the District Council). 16. Discipline and Appeals All complaints regarding the behaviour of members should be lodged in writing with the Secretary. The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints within 21 days of a complaint being lodged. Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Committee (or its sub-committee) has the power to take appropriate disciplinary action, including the termination of membership. The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within 14 days following the hearing. There shall be a right of appeal to the Committee against either the finding or the sanction imposed or both following disciplinary action being taken. The Committee shall appoint an Appeals Committee (a maximum of three), 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 submitting 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.
17. Dissolution
a) If at any General Meeting of the club, a resolution be passed calling for the dissolution of the club, the Secretary shall immediately convene a Special General Meeting of the club to be held not less than one month thereafter to discuss and vote on the resolution. b) If at that Special Meeting, the resolution is carried by at least two-thirds of the Full Voting Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the club and discharge all debts and liabilities of the club. c) The Committee will then be responsible for the orderly winding up of the club’s affairs. d) After settling all liabilities of the club, the Committee shall dispose of the net assets remaining to one or more of the following: e) to another club with similar sports purposes which is a registered charity and/or f) to another club with similar sports purposes which is a registered Community Amateur Sports Club and/or g) to the club’s governing body for use by them for related community sports. 14. Declaration Heathcoats Cricket Club hereby adopts and accepts this Constitution as a current operating guide regulating the actions of all members.
SIGNED (CLUB CHAIRMAN) NAME DATE
SIGNED (CLUB SECRETARY) NAME DATE
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