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Withnell Fold Sports and Social Club

Constitution

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