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1.
Name
The name of
the Club is Fylde Cricket Club.
2.
Club Purposes
The purposes
of the Club are to promote the amateur sport of cricket in Poulton-Le-Fylde
and community participation in the same.
3.
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 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 cricket 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.
4.
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 Annual subscription shall be due and payable immediately after
each Annual General Meeting and shall be fixed by the Committee and
posted in the clubhouse. In addition to the Annual Subscription
match levies will be payable by playing members, the amount to be
determined by the Committee.
(d)
Any member accepting a Members Card shall be liable for the Annual
subscription in respect of the same, and such acceptance
shall be considered an agreement by the member to pay the said
subscription.
(e)
No playing member whose subscription remains unpaid shall be
eligible to play in any match after 31 May in each year.
(f)
Any member wishing to resign shall give notice in writing to the
Secretary and shall pay all arrears at the time of such notice; and
if such arrears be not paid, the Committee shall have the power to
recover the same, such proceedings being taken out in the name of
the Secretary for the time being.
(g)
Any member who shall wilfully destroy, damage, or lose any of the
Club’s property must immediately replace the same or pay the value
thereof to the Treasurer, such value to be determined by the
Committee.
(h)
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
members.
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All General Meetings
(a)
All members may attend all general meetings of the Club in person.
(b)
Such meetings need 7 clear days written notice to members.
(c)
The quorum for all general meetings is 15 voting members present.
(d)
The Chair or (in his or her absence) another member chosen at the
meeting shall preside.
(e)
Except as otherwise provided in these Rules, every resolution shall
be decided by a simple majority of the votes cast, on a show of
hands, unless the Chair decides voting shall be by ballot.
6
Annual General Meetings
(a)
The Annual General Meeting (AGM) of the Club shall be held following
the cricket season and by 31st January at the latest. At
every AGM:
(b)
The Members will elect a President, Secretary, Treasurer
(“Officers”) and an Auditor.
(c)
The Members will elect a Committee to serve until the next AGM.
(d)
The Committee will present a report on the Club’s activities since
the previous AGM.
(e)
The Treasurer will produce audited accounts of the Club for the
latest financial year (30 September)
(f)
The Members will elect Captains and Vice-Captains for each team.
(g)
The Members will discuss and vote on any resolution and deal with
any other business put to the meeting.
7
Extraordinary General
Meetings
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
10 members signed by them. Such EGM shall be held on not less than
14 nor more than 21 days notice at a time and place decided upon by
the Committee.
8
Voting
At all
meetings of the Club, including AGM and EGM meetings and at every
meeting of the Committee every member present shall have one vote,
and when voting is equal the Chair shall have a second or casting
vote. Junior members under 18 years of age shall have no voting
powers, except that those junior members at the meeting who have
played 12 or more matches in the Club’s senior teams in the
preceding season shall be allowed to vote for the team captains and
vice-captains for the coming season.
9
Committee
(A)
Role
Subject to
these Rules the Committee shall have responsibility for the
management of the Club, its funds, property and affairs.
(B)
Property etc.
(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 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)
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.
(C)
Composition etc.
(i)
The Committee shall consist of not more than nine members
(excluding Officers)
(ii)
The President, Secretary, Treasurer and the Captains of the
senior cricket teams shall be ex-officio members of the Committee.
(iii)
The Committee members may co-opt club members (up to the
maximum permitted number) to serve until the next AGM.
(iv)
Any Committee member may be re-elected or re co-opted without
limit
(v)
A Committee member ceases to be such if he or she ceases to
be a member of the Club.
(vi)
The Team Selection Committee shall consist of the Captains of
each senior cricket team, together with a maximum of three other
members, including a Chair, appointed by the Committee
.
(vii)
As a result of the Club being awarded “CLUBMARK” the Club’s
Welfare Officer (“CWO”) must be a member of the Club’s Committee.
Providing that the CWO is not already an elected member of
the Committee and the Club retains it’s Clubmark Status then the
Committee shall co-opt the CWO as an additional ex-officio member of
the committee.
(D)
Committee Meetings
(i)
The quorum shall be one third of the membership of the
Committee.
(ii)
The Chair shall be appointed by the Committee at the first
Committee meeting after the AGM.
(iii)
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.
(E)
Delegation
The Committee
may delegate any of their functions to sub-committees but must
specify the scope of its activities and powers; the extent to which
it can commit the funds of the Club; its membership; and its duty to
report back to the Committee.
(F)
Disclosure
Annual club
reports and statement of accounts must be made available for
inspection by any member, and all club records may be inspected by
any Committee member.
9
Amendments
(a)
These Rules may be amended at a general meeting 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 Finance Act 2002 and not in any event to alter its
purposes (unless the procedure set out in 9(b) has been followed) or
winding up provisions. Notice of any proposed alteration to rule or
rules must be given in writing to the Secretary at least 28 days
before such meeting.
(b)
The Club Purposes may be changed to include another eligible
sport if the Committee unanimously agree and members also agreed the
change by a 75% majority of votes cast.
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Dissolution
(a)
The members may vote to wind up the Club if not less than 75%
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.
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Trustees
There shall be not more than four trustees of the
Club. The property of the Club (other than cash which shall be under
the control of the Treasurer) shall be vested in them to be dealt
with by them as the Committee shall from time to time direct by
resolution (of which an entry in the minute book shall be conclusive
evidence). The trustees shall be indemnified against risk and
expense out of the club property. The trustees shall hold office
until death or resignation or until removed from office by a
resolution of the Committee who may for any reason which may seem
sufficient to a majority of them present and voting at any meeting
remove any trustee or trustees from the office of trustee. Where by
reason of such death,
resignation or removal it shall appear necessary to the Committee
that a new trustee or trustees shall be appointed, or if the
Committee shall deem it expedient to appoint an additional trustee
or additional trustees, the
Committee shall by resolution nominate the person or persons
to be appointed the new trustee or trustees. For the purpose of
giving effect to such nomination the President is hereby nominated
as the person to appoint new trustees of the Club within the meaning
of Section 36 of the Trustee Act 1925 and he shall by deed duly
appoint the person or persons so nominated by the Committee as the
new trustee or trustees of the Club and the provisions of the
Trustee Act 1925 shall apply to any such appointment. Any statement
of fact in any such deed of appointment shall in favour of a person
dealing bona fide and for value with the Club or Committee be
conclusive evidence of the fact so stated.
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