1. Name and Address
The name of the Club is Withnell Fold Sports and Social Club and the address is ‘The Sports Ground’, Withnell Fold, PR6 8BA, hereafter to be referred to as “the Club” and the Club shall be affiliated to the England and Wales Cricket Board through the Lancashire Cricket Board & the Lawn Tennis Association.
2. Objects
To manage Withnell Fold Sports and Social Club
To promote participation of the whole community in the sports of tennis, cricket, bowls, football and other sports providing opportunities for recreation, coaching and competition and the furtherment of non-political sporting, social & recreational activities.
To ensure that all members playing and non-playing, abide by the ECB & the LTA Code of Conduct.
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 the ‘LTA Child Protection Policy’ and any future versions of the Policies.
To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and LTA Equality & Diversity Policy any future versions of the Policies.
To encourage all members to participate fully in the activities of the club.
3. Status
The Club shall be a Members Club and shall consist of the following class of persons:
a. Playing Members – persons aged 18 years and over elected to Playing Membership in accordance with the rules hereinafter mentioned. Such persons shall be entitled to use and enjoy, in common with the Honorary Members the Club premises and the things therein and shall be entitled to vote at all General Meetings of the Club.
b. Honorary Members – persons who have performed valuable service to the Club and who have been elected to Honorary Membership in accordance with the rules hereinafter mentioned. Such persons shall be entitled to all the privileges of Playing membership but shall be relieved of all liabilities to pay subscriptions.
c. Non-Playing Members – persons aged 18 years and over elected to membership in accordance with the rules hereinafter mentioned who are not qualified for Playing Membership. Such persons shall be entitled to use and enjoy in common with Playing and Honorary Members the Club premises and the things therein and shall be entitled to vote at all General Meetings of the Club.
d. Junior Playing Member – persons aged under 18 years elected to junior membership, in accordance with the rules hereinafter mentioned. Such persons shall not be entitled to attend or vote at General Meetings of the Club.
4. Procedure for Election to Membership
a. Membership of the Club shall be open to any applicant interested in sport regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according the available facilities is allowable on a non-discriminatory basis.
b. Application of 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 General Committee.
c. The 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 Committee who shall appoint an Appeals Committee to hear the appeal.
d. New members, other than Honorary members shall pay the current year’s membership subscription to the Subscription Secretary before their admission shall be deemed complete.
e. 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. Management
a. The affairs of the Club, except in those matters reserved under these rules for the Club in General meeting, shall be managed by the Committee of the Club.
b. The Committee shall exercise the powers given to it under these rules and shall consist of the Chairperson, Vice Chair, Secretary, Treasurer, Subscription Secretary, Club Welfare Officer and not less than two members from each section of the Club. All Committee members, including office bearers, shall be elected by the members at the Annual General Meeting of the Club. They shall go out of office in every year, but shall be eligible for re-election. All candidates for election to the Committee shall be proposed by one Playing/Non-Playing or Honorary member of the Club, and seconded by another Playing/ Non-Playing or Honorary member, said proposals to be in writing and submitted to the Secretary by not later than seven days before the date of the Annual General Meeting. Only Playing/Non-Playing and Honorary members of the Club shall be eligible to election to the Committee.
Voting for the election of the Committee members shall be by ballot.
If a casual vacancy occurs in the Committee by virtues of the death, resignation or expulsion of one of the Members, the Committee shall appoint another member of the Club to fill the vacancy, such person to hold office during the remainder of the period of tenure of the Member he/she replaces.
c. The Committee of the Club shall meet at least once every calendar month to conduct such business as shall be necessary, and a quorum at such meetings shall consist of at least five (5) members. The resolution of a simple majority of those Committee members present and voting at any meeting of the Committee shall be binding upon both the Committee and the Club, in so far as that resolution shall relate to any matter competently within the sole jurisdiction of the Committee. The Chairperson shall preside at all meetings of the Committee at which he/she is present; in his/her absence, the Committee shall elect a Chairperson for that meeting only. The Secretary shall take minutes of all meetings of the Committee; in his/her absence, the meeting shall appoint one of its number to take minutes.
d. The Committee may, by the issuing of by-laws, manage the Clubs affairs to any extent and degree which is not inconsistent with these rules.
e. The Committee may appoint one or more sub-committees to conduct such of the Committee’s business, as the Committee shall deem appropriate. Any such sub committee shall consist of not less than three members, two of whom shall form a quorum. All resolutions passed in the sub-committee shall be subject to ratification by the Committee.
f. The Committee has the power to:-
– Acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical, and related facilities.
– Provide coaching, training, medical treatment, and related social and other facilities.
– Take out any insurance for club, employees, contractors, players, guests and third parties.
– Raise funds by appeals, subscriptions, loans and charges.
– Borrow money and give security for the same, and open bank accounts.
– Buy, lease or licence property and sell, let or otherwise dispose of the same. – Make grants and loans and give guarantees and provide other benefits.
– Set aside funds for special purposes or as reserves.
– Invest funds in any lawful manner.
– Employ and engage staff and others and provide services.
– Co-operate with or affiliate firstly to any bodies regulating or organising the sports played at the club and secondly any club or body involved with such sports and thirdly with government and related agencies
– Implement 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.
6. Subscriptions
a. The annual subscription for members other than Honorary members shall be fixed by the Committee from time to time under the by-laws. Subscriptions shall be maintained at a level which will not pose a significant obstacle to people participating, particularly in relation to junior members and old age pensioners.
b. The said annual subscription shall be due and payable on election and thereafter without demand before the date of the Annual General Meeting hereinafter mentioned. The Committee may terminate the membership of any member whose annual subscription remains unpaid at the date of the Annual General Meeting.
7. Accounts
a. The Club shall be a non-profit making Club; all income and profits will be reinvested in the Club. No surpluses or assets will be distributed to the members or third parties. The treasurer shall cause to be kept such accurate and proper books of account as will enable him/her at every Annual General Meeting, or at such other time as may be required by the Committee upon reasonable notice, to present to the Club a full and accurate report and statement concerning the finances of the Club, including a separate statement with regard to the purchase and supply of intoxicating liquor, for the preceding year, or for the current year as the case may be, and shall present such repot and statement accordingly.
Those accounts presented to the Annual General meeting of the Club shall be certified by Auditors appointed from time to time by the members in the General Meeting as being fair and accurate summary of the income and expenditure of the Club for period covered by the said accounts.
8. Meetings of the Club
a. The Club’s financial year shall end on 31 March each year and a general meeting of the Club shall be held with eight weeks thereof (to be known as the Annual General Meeting). Notice of the date and time of the Annual General Meeting shall be displayed on the Club notice board for at least 7 days before the said meeting.
The business to be transacted at the Annual General Meeting shall consist of the election of Committee members, the presentation of the audited accounts, the Chairperson’s
Report on the previous year, and any other business, notice of which has been given to the secretary in writing at least seven days before the Annual General Meeting.
b. Additional general meetings of the Club may be summoned at any time by the Committee following the expiry of seven days written notice to be displayed by the Secretary on the Club notice board.
The Secretary shall summon a General Meeting if required to do so by written request signed by not fewer than one fifth of the membership. Upon receipt of such a request, the Secretary shall cause such a meeting to be summoned by notice displayed on the Club notice board within 24 hours of receipt by him/her of such request, the meeting to be held as soon as possible after the expiry of the seven days from the display of said notice.
c. At all general meetings of the Club, voting shall be allowed to Playing, non-Playing and Honorary members of the Club, and every such member shall be entitled to be present and to cast one vote upon every question put to the vote. In the case of equality of voting, the Chairperson of the meeting (who shall be the Chairperson for the Club, if present whom failing a member elected for the occasion by the meeting before the business of the meeting is opened) shall have a second or casting vote. All voting (except where expressed otherwise elsewhere in these rules) shall be by simple majority taken by ballot. The Secretary, if present, whom failing some other member nominated by the meeting, shall take minutes of the proceedings at all General Meetings of the Club.
d. In calling any General Meeting, the Secretary shall, by notice on the Club notice board, specify the business to be conducted thereat.
9. Intoxicating Liquor
a. Intoxicating liquor shall be supplied on the Club premises to Members and guests singed in under rule 10 hereof during hours in accordance with the Licensing Authority. No Liquor to be sold before 11am and after 00:30am unless properly authorised after application to the Licensing Authority.
No intoxicating liquor to be supplied to any member or guest under the age of 18 years.
b. No person shall be paid at the expense of the Club any commission, percentage or similar payment on or with reference to the purchase of intoxicating liquor by the Club, and no person shall directly or indirectly derive any financial benefit from the supply of intoxicating liquor by or on behalf of the Club to Members or guests, apart from any benefit which may thereby accrue to the Club as a whole.
c. The supply to the Club of intoxicating liquor shall be under the sole control of the Committee, who shall arrange for the purchase thereof on behalf of the Club.
10. Guests of Members
a. Members may introduce and entertain guests at the Club, and there shall be kept at the Club premises a guest book which both the Member and the guest shall sign at the time of introduction of the guest.
b. No member may introduce more than two guests in any one day and no person may be allowed into the Club as a guest on more than three occasions in the same year.
11. Visitors
a. Members of visiting sports teams competing in events against Club teams and their supporters shall, on the day of such event, be permitted entry to the Club premises. While on the Club premises they may purchase intoxicating liquor.
The committee reserves the right to refuse admission to any such visitor or supporter at their absolute discretion.
12. Conduct of Members
a. The Committee may suspend the membership of any member whose conduct, whether on the Club premises or elsewhere, is considered by the Committee to be detrimental to the best interest of the Club or its reputation.
b. Within seven days of such a suspension, the Committee shall display upon the Club notice board a notice stating that a named member has been suspended and specifying the alleged grounds. A date shall be fixed for a meeting of the Committee for the purposes of considering further action. Said meeting to be not earlier than 14 days and not later than 21 days from the display of the suspension notice. Members wishing to make representation to the Committee concerning the suspension must do so in writing to the Secretary not later than seven days from the display of the suspension notice.
c. The Secretary shall, not later than 14 days before the Committee meeting summoned to consider further action, cause written notice of the meeting to be served upon the suspended member at his/her last address as notified to the Secretary, informing him/her of his/her right to be present and legally represented at said meeting if desired.
d. At the said meeting of the Committee, any allegations against the suspended member shall be narrated (in his/her presence of any representative if appointed) and the suspended member and/or his/her representative shall be afforded the opportunity of being heard in answer thereto. The suspended member may produce such witnesses as he/she wishes, and the Committee shall not unreasonably refuse any request by the suspended member for an adjournment of the proceedings to enable him/her to prepare his/her answer.
After hearing all evidence, the Committee shall (if it wishes) retire to consider further action, and shall thereinafter vote thereon. It shall be in the sole power of the Committee to re-instate the suspended member, or to terminate his/her membership; the decision the Committee shall be final.
e. The decision of the Committee shall be communicated to the suspended member in writing within three days thereof.
f. Any person whose membership is terminated under this rule or for non-payment of subscriptions hereinbefore mentioned, shall immediately be excluded from the Club premises and shall have no claim against the Club, the Committee or any member thereof, except that any unexpired portion of his/her membership subscription shall be refunded.
13. Acquisition of Land and Borrowing Powers
a. Trustees, who shall be three in number, shall be appointed from time to time by members of the Club in a General Meeting. Candidates for trusteeship shall be proposed and seconded by Playing, non-Playing or Honorary members. A trustee shall hold office during his/her life, or until his/her resignation, in writing to the Secretary, or until a resolution removing him/her from office shall have been passed by two-thirds of those present and voting at a General meeting, called for the purpose under Rule 8 thereof.
b. The Trustees may, when authorised thereto by a General Meeting or by the Committee, hold, purchase or take on lease any land or buildings and may sell, exchange, mortgage, lease or build upon the land, with power to alter and pull down buildings and again rebuild.
c. The Trustees may, when authorised thereto by the Committee, obtain advances of money for the purposes of the Club, upon the security of bonds or agreements or promissory notes or certificates of indebtedness or mortgages of real property of the Club or bills of sale on all or any of the goods and chattels of the Club, upon such terms as to interest and as to the time and manner of repayment of principal as the Committee may determine.
14. Winding Up
The Club may be wound up and surplus assets given or transferred to another registered CASC Registered Charity or the Sports Governing Bodies.
15. Alteration of Rules
Those rules or any of them may be added to, amended or replaced by a resolution of a two-thirds majority of those present at a General meeting of the Club called for the purpose under Rule 8 hereof.
16. Disputes
Any dispute arising out of, or not covered by these rules, shall be referred to the Committee, whose decision shall be final.
17. Declaration
Withnell Fold Sports and Social Club hereby adopts and accepts this Constitution as a current operating guide regulating the actions of all members.
SIGNED (CLUB CHAIRPERSON)
NAME DATE
SIGNED (CLUB SECRETARY)
NAME DATE