Constitution


Birstall Cricket Club

Constitution

Adopted November 2004

RULES/CONSTITUTION OF BIRSTALL CRICKET CLUB

1. Purpose
The purposes of the Club are to promote the amateur sport of Cricket in the Birstall area, and community participation in the same.

2. Affiliation
I. The Club is affiliated to the England and Wales Cricket Board through the Yorkshire Cricket Board.
II. 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.
III. The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for Safeguarding Children and any future versions of the policy.
IV. The Club shall adopt and implement both the ECBs One Game Strategy and the club Inclusion and Diversity Policy and any future versions of these documents

3. Membership
(a) 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.
(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)The Club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made to the members.

4. 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 are reinvested in the club.
(ii)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 Finance Act 2002.
(iii)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;
(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).
(iv)The Committee will have due regard to the law on disability discrimination and child protection.

5.Winding Up
(a)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.
(b)The Committee will then be responsible for the orderly winding up of the Club’s affairs.
(c)After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
(i)to another Club with similar sports purposes which is a registered charity and/or
(ii)to another Club with similar sports purposes which is a registered CASC and/or
(iii)To the Club’s governing body for use by them for related community sports.

6. Priority
Where there is any conflict between any of the above Rules (“key Rules”) and any other rule or rules the key Rule(s) will take priority. Interpretation of all the Rules must be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002.)

7. Permitted means of advancing the Purposes
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 to firstly any bodies regulating or organising the Sport and secondly any club or body involved with it and thirdly with government and related agencies;
(l)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.

8. Admission of Members:
Every candidate for membership shall be proposed and seconded by members of the club. His or her full name, address and occupation, together with the names of the proposer and seconder shall be submitted to the Hon. Secretary who shall ensure that these particulars are displayed prominently in an area of the club house frequented by members. These particulars will be displayed for a minimum of three days prior to election as a member, and until election the candidate shall not be entitled to any of the privileges of the club.

9.Election:
Candidates for membership shall be elected at the sole discretion of the Committee.

10.Notice of Election:
On the election of a new member he/she shall be furnished with a copy of the Rules of the club.

11.Management:
The management of the club shall be entrusted to a committee
Consisting of the President, the Vice Presidents, the Hon Secretary, the Hon Treasurer, the Captains of the 1st & 2nd XI’s (who shall be ex officio members) and ten other members of the club, elected annually at the annual general meeting. The committee shall meet at such times as the committee shall determine but at least 10 times per annum, and at all meetings of the committee, seven shall form a quorum.

12. Casual Vacancies:
The committee shall have the power at any time to fill any casual vacancy among the officers and committee. Any officer or member of the committee so appointed shall hold office only until the next AGM, but shall then be eligible for re-election.

13.Subscriptions:
The annual minimum subscriptions shall be as determined
by the Committee from time to time and changes shall be notified to members by a notice displayed in the clubhouse.
All subscriptions shall be due on the first day of January each year, and shall be paid to any serving committee member who will issue a receipt. Member shall be liable to pay the subscription for the current year, unless prior to the first day of May, notice has been given by that member‘s intention to withdraw from the club. Members who have not paid their subscriptions by the first day of May shall be deemed to have terminated their membership, and will be considered as new membership in respect of subscriptions, should they wish to renew their membership after this date.

The committee shall have the power at its discretion under any special circumstances to remit the whole or part of any member’s subscriptions.

Vice-Presidents and Hon. Life Members may at the discretion of the committee, be absolved from this rule.

14.General Meetings:
An annual general meeting of the club shall be held in every November. At this meeting the following business shall be conducted.
a)The presentation and (if accepted) the passing of the financial accounts for the previous year, ending on the 30th day of September prior to the meeting. The club’s auditors shall first have audited these accounts.
b) The election of the president newly nominated Vice Presidents, Hon Treasurer, and Hon Secretary. (Existing Vice-Presidents will be re-elected prior to the AGM at the discretion of the committee).
c)The election of 10 (max) members to serve on the committee.
d)The election of honorary life members.
e)The presentation of a report from the Hon Secretary regarding the general affairs of the club.
f)The presentation of a report from the cricket secretary upon the last season’s cricket performance.
g)Such other business as shall have been communicated to the Hon Secretary not less than 21 days prior to the meeting.

15.Nominees for Office Etc:
Candidates for the offices of President, Vice-President, Hon Secretary, Hon Treasurer shall be nominated to the Hon Secretary not less than seven days prior to the AGM. The committee must approve nominations for the office of President.

16.Candidates to serve on the general committee shall be nominated to the Hon Secretary not less than seven days prior to the AGM, and every person so nominated must be a member of the club and shall have paid all subscriptions due from him or herself up to and including the end of the current year.

17.In the case of New Vice Presidents, nominations may be made only by general committee and only in respect of members who have given conspicuous service to the club.

18.In the case of Honorary life Members, nominations may be made only by the general committee and only in respect of members who have given outstanding and conspicuous support to the club for a minimum of 15 years and who have attained the age of 60 years.

19.EXTRAORDINARY GENERAL MEETINGS:
An Extraordinary General Meeting may be convened at any time, and shall be held within 28 days from the date of receipt by the Hon. Secretary of a request from at least 25 members of the club. The purpose for such a meeting shall be stated in writing to the Hon. Secretary.

20.NOTICE OF MEETINGS:
The Hon. Secretary shall, not less than 14 days before any AGM or EGM, display in the club a notice of the meeting, which shall state the business of the meeting in the form of an agenda, together with the names of all nominees, proposers and seconders for office, if appropriate.

21.BUSINESS AT GENERAL MEETING:
The business at a general meeting shall be limited to that displayed on the notice of the meeting and further items provided by these rules. The quorum at any General Meeting shall be 25. Any voting on items discussed at General meetings shall be regarded as recommendations to the committee for final ratification and approval.

22.VOTES AND RESOLUTIONS:
At all meetings of the club, each member over the age of 18, excluding temporary members shall have one vote.
Voting at Annual General Meetings shall be by a show of hands. In case of members being unable to attend General meetings, due to work commitments or ill health, an application may be made to the Hon. Secretary to vote on a ballot form prior to the meeting, or by proxy. Such requests will be allowed at the discretion of the committee.
In the case of Extraordinary General Meetings, only those in attendance will be allowed to vote.
At all meetings, whether General or committee, the chairman of the meeting shall have a casting vote.
No resolution shall be passed at any meeting (either General or committee) unless a two-thirds of those members present is in favour of the resolution.
No resolution passed at a general meeting or Committee Meeting shall be rescinded, unless the resolution to rescind is supported by a two third majority of members present at the next subsequent General Meeting or Committee Meeting.

23.EXPULSION OF MEMBERS, RESIGNATIONS ETC:
The committee shall have the power to expel any member who offends against the rules of the club, or whose conduct shall, in the opinion of the committee, render him or her unfit for membership of the club. Before any such member is expelled, the Hon. Secretary shall give that member seven days written notice to attend a meeting of the committee, stating details of the complaint made against him or her. No member shall be expelled without first having had the opportunity of appearing before the committee and answering complaints made against him or her. No member shall be expelled unless a two-thirds majority of members present at the said committee meeting is in favour of expulsion. (In the case of non-attendance before the committee, after an invitation has been issued, the committee shall have the right to issue a second invitation to attend or vote upon expulsion).

The committee shall have the power to disqualify any member of the committee who shall absent him or herself from four consecutive committee meetings without satisfactory explanation.

The committee shall have the power to receive and accept the resignation of a member of the committee.

24.GUESTS:
Any member of the club shall be entitled to introduce guests to the club, provided that no person whose application for membership has been refused or who has been expelled from the club shall be introduced as a guest. The member introducing a guest shall enter the date, name and address of the guest together with his or her own name in a book which shall be kept in the club house. Any guest who is introduced on three occasions will be invited to become a member of the club.

25.LICENSING ACT:
No person shall at any time be entitled to receive, at the expense of the club or any member thereof, any commission, percentage or similar payment on, or in respect of the purchase of intoxicating liquor by the club. Nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the club, members or guests. Apart from any benefit accruing to the club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the club.

26.PURCHASE & SUPPLY OF LIQUOR:
The purchase for the club and the supply by the club of intoxicating liquor be at the discretion of a sub-committee, consisting of the Secretary, Treasurer and one committee member, all being members of the committee and appointed by the committee for that purpose. (The aforesaid sub-committee shall be answerable for all decisions to the full general committee). In the event of any member for any reason ceasing to be a member of the general committee, he or she shall automatically cease to be a member of the sub-committee, and another member of the general committee shall be appointed in his or her place. Such sub-committee shall in no way be restricted in the freedom of purchase.

27.SALE OF INTOXICATING LIQUOR TO STRANGERS:VISITORS
Persons present for the purpose of attending sporting, recreational, educational or social functions authorised by the committee shall be permitted entry to the club premises and may, if the have attained the age of 18 years, purchase intoxicating liquor for consumption on the premises if such a function is either: -
a)promoted by the club; or
b)organized by and the responsibility of a member of the club, present at the function; or
c)promoted by a club or organization whose objects include the provision of sporting, educational recreational or social facilities to its members.
Provided that the total number of functions allowed by these sub-clauses shall not exceed 12 in any one-year.

B.Persons Visiting-
a)The club, at the invitation of the committee a member thereof in connection with the business or management of the club; or
b)Who are members of the club with which reciprocal enjoyment of amenities has been negotiated and approved: -
Shall be permitted entry to the club and may, if they have attained the age of 18 years, purchase intoxicating liquor for consumption on the premises.

C. The committee reserves the right to refuse admission to any visitor at its own discretion.

28.Permitted Hours:
The permitted hours for the supply of intoxicating liquor shall be as determined by the licensing magistrates. In the addition, permitted hours may be extended by application to the licensing magistrates in the case of special events, and such arrangements shall be posted in the club.

29.Opening of club house:
The club house shall be open to members at such times and between such hours as shall be determined by the committee, and these opening times shall be displayed within the club house.

30.Further powers of the committee:
In addition to the powers heretofore contained the committee shall have the following powers:
a)To co-opt members of the club as additional members of the committee, at its discretion, consider that circumstances warrant such appointments.
b)To appoint a sub committee for any purpose which the committee may deem necessary.
c)To appoint a sub-committee whose task will be to arrange cricket matches and to choose teams. When the committee is siting as a selection committee, each captain shall have voting power in respect of his own team only.
d)To determine any questions that may arise on the construction of these rules and also any matter that may arise affecting the club which is not provided for by the rules.
e)The Committee shall appoint a Club Welfare Officer to ensure compliance with safeguarding legislation and the ECB Safe Hands

31.Prizes:
A player to qualify for average prizes must bat in ten innings for batting prizes and take twenty wickets for a bowling prize in either 1st or 2nd XI teams.

32.Borrowing:
If, at any time in General Meeting, the club shall pass a resolution authorising the committee to borrow money, the committee shall thereupon be empowered to borrow for the purpose of the club such amount of money either at one time or from time to time and at such a rate of interest and in such form and manner and upon such security as shall be specified in such resolution, and thereupon the committee shall (or such members thereof as shall by the resolution be appointed trustees of the club for that purpose ) make all the dispositions of the club’s property or any part thereof and enter into such agreements in relation thereto as the committee may deem proper for giving security for such loans and interest. All members of the club, whether voting on such resolution, shall be deemed to have assented to the same as if they had voted in favour of such a resolution.

33.Modification of Rules:
Any member may, at any time, suggest or propose alterations and additions to the rules, in writing to the Hon Secretary of the club. However, no alteration or addition to these rules shall be made except by a resolution carried by two-thirds majority of members present at a General Meeting, the notice of which shall have contained particulars of the proposed alterations or additions. The Hon Secretary shall as soon as possible, and in any case within 28 days of the making of any such alterations or additions to the Chief Officer of the Police and to the Clerk of the Local Authority in which the club is situated.

34.Children:
The children of members may be admitted to the clubhouse if accompanied by a parent. Children may only remain on the premises at the discretion of the committee, and AT ALL TIMES; the behaviour of children is the direct responsibility of the parent (s). Members who do not observe this rule will be told to leave the premises.

35.Copies of the Rules: Copies of these rules are on display within the clubhouse and can also be viewed on the club website.