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BALLINGER WAGGONERS CRICKET CLUB CONSTITUTION
The name of the Club is Ballinger Waggoners Cricket Club (“BWCC” or the “Club”)
2. Club Purposes
The purposes of the Club are to foster and promote participation in the amateur sport of cricket within the community, providing facilities for playing cricket, opportunities for recreation, coaching and competition.
3.1 The Club is affiliated to the England and Wales Cricket Board through the Bucks Cricket Board.
3.2 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.
3.3 The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for Safeguarding Children and any future versions of the policy.
3.4 The Club shall adopt and implement both the ECB’s One Game Strategy and the club Inclusion and Diversity Policy and any future versions of these documents
4. Permitted means of advancing the Purposes
The Committee has the power to:
4.1 acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;
4.2 provide coaching, training, medical treatment, and related social and other facilities;
4.3 take out any insurance for club committee, employees, contractors, players, guests and third parties;
4.4 raise funds by appeals, subscriptions, loans and charges;
4.5 borrow money and give security for the same, and open bank accounts;
4.6 buy, lease or license property and sell, let or otherwise dispose of the same provided that no exercise of any right of termination of the Club’s licence of the Club ground at Ballinger Common from Great Missenden Parish Council shall be made without the prior approval of the members voting at a general meeting;
4.7 make grants and loans and give guarantees and provide other benefits;
4.8 set aside or apply funds for special purposes or as reserves;
4.9 deposit or invest funds in any lawful manner;
4.10 employ and engage staff and others and provide services;
4.11 co-operate with any organisation, club, sporting body, government or government-related agencies;
4.12 delegate authority to any subcommittee appointed under paragraph 9.4.2 below or to any officer or other committee member; and
4.13 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.
5.1 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.
5.2 The Club may have different classes of membership and subscription on a non discriminatory and fair basis. The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.
5.3 The classes of membership and the level of subscriptions will be decided by the Committee from time to time and notified to the members.
5.4 The Club at present has the following classes of membership:
5.4.1 Full member- playing
5.4.2 Full member – non-playing
5.4.3 Junior member
5.4.4 Student member
5.5 Application for membership of the Club shall be by completion of a membership application form.
5.6 No person shall be eligible to take part in the business of the Club, vote at general meetings or be eligible for selection for any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Club Committee. Two days must also have passed since the application for membership was submitted before membership can be granted. Members whose subscriptions are overdue may be selected for a Club team if approved by the Committee (who may delegate the approval to a designated individual) but preference should be given to those members whose subscriptions are up to date.
5.7 The due date for the annual subscription is 1 April and the amount (together with any surcharge for late payment) shall be notified to members at the latest at the preceding AGM.
5.8 Members joining after 1 April shall pay their subscription when requested to do so by the Membership Secretary. If members only commence to play after 1 August the subscription may be reduced at the discretion of the Committee. In the case of non-playing members the Committee may also exercise discretion on a basis which they consider similar to that applied to playing members.
5.9 The Club Committee may refuse membership, or remove it, but only for good cause such as conduct or character likely to bring the Club or cricket into disrepute (including breach of the Code of Conduct) and:
5.9.1 The Club Committee may only refuse to admit a new member if a resolution is passed at a meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Club Committee to consider at the meeting. Appeal against a refusal of membership shall be to the Appeal Committee as detailed below.
5.9.2 The procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail below.
5.10 All members will be subject to these Rules and by joining the Club will be deemed to accept these Rules, any Club Regulations and any Codes of Conduct that the Club has adopted. A Code of Conduct for Members and Guests must be displayed prominently to ensure that all Club guests and non-member volunteers are aware of the code and the requirement to abide by it.
5.11 The Membership Secretary will keep a register of members.
5.12 Membership is not transferable and shall cease on death.
5.13 A member may resign by written notice to the Club, but the return of any subscription paid is at the discretion of the Club Committee.
6. All General Meetings
6.1 All members may attend all general meetings of the Club in person.
6.2 All full and student members over the age of 18 have one vote.
6.3 Members must be given at least 14 clear days’ notice of all general meetings. Notice may be given by post or email.
6.4 The quorum for all general meetings is 8 members present.
6.5 If a quorum is not present within 15 minutes of the start of the meeting, the meeting will be adjourned to the following week at the same time and place or such other time and place as the Committee decide and any voting members attending the adjourned meeting will constitute a quorum.
6.6 The Chair or (in his or her absence) another member chosen at the meeting by the members shall preside.
6.7 Except as otherwise provided in these Rules or in Club Regulations every resolution shall be decided by a simple majority of the votes cast on a show of hands.
7. Annual General Meetings
The Club will hold an AGM not later than the end of March preceding the start of the season. At least 14 days’ notice will be given to all Members in writing or by email. All Members wishing to stand for any Committee position should notify the Secretary, including the names of their proposer and seconder at least 7 days prior to the meeting. Proposers and seconders must reasonably believe that those persons they are putting forward are fit and proper persons within the meaning of the tax legislation governing Community Amateur Sports Clubs. Existing committee members do not need a proposer or seconder and it will be presumed that they wish to stand again unless they notify the Secretary accordingly. Members who put themselves forward for particular Committee positions and fail to be elected may put themselves forward for other positions if their proposers and seconders agree. At every AGM the following business will be conducted:
7.1.1 The minutes of the previous AGM will be approved;
7.1.2 the Members will elect a Committee to serve until the next AGM. The composition of the Committee is set out in clause 9.3. Any unfilled positions may be filled by the Committee subsequently under their powers set out in clause 9.3.
7.1.3 The Members will elect a Licensing Committee to deal with any application the Club may wish to make under the Licensing Act 2003. If no contrary proposal is passed it will be put forward for Members’ approval that the Licensing Committee be the same as the Committee elected under 7.1.2 but no Committee members co-opted onto the Committee under Clause 9.3.3 shall be members of the Licensing Committee.
7.1.4 the Treasurer will present the accounts of the Club for the last period for approval;
7.1.5 the Committee will present reports on the Club's activities since the previous AGM. Usually these will be delivered by the Chairman, the Ground Secretary, the Secretary, the Captains, the Junior Secretary, the Membership Secretary and the Fixture Secretary;
7.1.6 the Social Committee will deliver their report;
7.1.7 the rates for subscriptions, match fees, charges for teas and any other charges for the following season will be notified to members;
7.1.8 the Members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting.
8. Extraordinary General Meetings (EGM)
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 to the Chairman or Secretary, stating the purpose of the meeting, of not less than six members signed by them. Such EGM shall be held on not less than 14 nor more than 21 days’ notice at a place decided upon by the Committee or in default by the Chair. If the Committee fails to call a meeting within 14 days of receiving a valid request from the members then the requisitionists may themselves call a meeting, the costs of which will be reimbursed by the Club.
9. The Committee
Subject to these Rules the Committee shall have responsibility for the management of the Club, its funds, property and affairs.
9.2 Property, etc.
9.2.1 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 to be re-invested in the Club. No surpluses or assets will be distributed to members or third parties.
9.2.2 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 Corporation Tax Act 2010.
9.2.3 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; and
(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).
9.2.4 The Committee shall ensure that they take practical steps to comply with legislation relating to both The Equality Act 2010 and the safeguarding of children and vulnerable adults.
9.3 Composition, etc.
9.3.1 The Committee shall consist of at least six and not more than fifteen members (including Officers). Office-holders who are non-players shall not be required to pay an annual subscription, in recognition of their contribution to the Club, and become honorary members.
9.3.2 The Committee members will include the following positions, namely, Chairman, Vice Chairman, Secretary, Treasurer, Membership Secretary, Fixture Secretary, Ground Secretary, Junior Chairperson and the three captains of the adult teams. If necessary one person may fulfil more than one role. The Committee will also include a representative (coach, parent or player) of girls’ and women’s cricket in the Club.
9.3.3 The committee may appoint a President of the Club, who may but does not have to be a member of the committee. The role of President is ceremonial.
9.3.4 The Committee members may co-opt club members (up to the maximum permitted number) to serve until the next AGM.
9.3.5 Any Committee member may be co-opted or re-co-opted without limit.
9.3.6 Any application for a Club Premises Licence under the Licensing Act 2003 (and also any matter relating to such a licence) must be considered by the Licensing Committee constituted under clause 7.1.3.
9.3.7 A Committee member ceases to be such if he or she:
(a) ceases to be a member of the Club; or
(b) resigns by written notice to the Club; or
(c) is removed by the Committee in accordance with clause 5.10 and 10.
9.4 Committee Meetings
9.4.1 Whenever a Committee member has a personal interest in a matter to be discussed he/she must declare it to the Committee at or before the relevant meeting. Unless the chair of the meeting directs to the contrary (or in the case of a personal interest of the chair, the meeting as a whole acting by a majority), a Committee member having such an interest may take part in the meeting in relation to that matter, shall be counted in the quorum for that meeting and may vote on that matter.
9.4.2 The Committee shall meet as often as is necessary to conduct the Club’s affairs efficiently, or at the specific request of any Committee member, notice of such meetings to be issued by the Secretary. Notice which is reasonable in the circumstances shall be required, which save in the case of urgency shall be at least fourteen days unless all members of the Committee agree to shorter notice. At least one Committee meeting shall be held between one AGM and the next. A quorum of 5 is required for any Committee decision to be binding. The following further rules apply:
(a) Committee meetings may be held either in person or by telephone, televisual or other electronic or virtual means agreed by the Committee in which all participants may communicate simultaneously with all other participants;
(b) the Chair, or whoever else those present choose, shall chair meetings;
(c) decisions shall be by simple majority of those voting;
(d) in the event of a tied vote, the Chair (but not any other person who may be chairing the meeting) shall have a casting vote. In the event of a tied vote in the absence of the Chair the position shall remain as if the motion had not been presented;
(e) a resolution in writing signed by every Committee member shall be valid without a meeting;
(f) the Secretary shall prepare minutes which shall be approved first by the person chairing the meeting and finally by the Committee at the next meeting;
(g) the Committee may appoint sub-Committees or individual officers or Committee members for the purposes of managing specific projects or specific aspects of the affairs of the Club, but must specify the scope of their activity and powers, the membership of any sub-committee and any duty to report back to the Committee. The Committee may withdraw or amend the terms of any such appointment. Any such sub-Committee must include at least 2 main Committee members and, except for the Social Committee whose remit is partially summarised in (h) below, shall have no power to incur any expenditure without the authority of the main Committee.
(h) fund raising, other than through the collection of subscriptions and fees, shall be the responsibility of the Club’s Social Committee. Membership of the Social Committee is by invitation from the main Committee and the Chairperson of the Social Committee shall be elected by its members subject to ratification by the main Committee. The Committee shall set out clearly the authority of the Social Committee to incur expenditure.
9.4.3 The Committee shall appoint a Club Welfare Officer to ensure compliance with safeguarding legislation and the ECB Safe Hands policy. The Club Welfare Officer shall be entitled to attend and raise matters at any Committee meeting.
9.5 Bank Account and Financial Authority
9.5.1 Subject to the power to delegate authority in paragraph 4 above, no financial commitment on behalf of the Club may be entered into by any Member, other than with the Committee’s minuted agreement.
9.5.2 The Treasurer shall keep a record of all monies received and paid out, and will operate each of the Club’s Bank and/or Building Society accounts in accordance with the rules of the Bank or Building Society concerned and within the parameters set by the Committee from time to time.
The Club shall keep full records that shall identify all income and expenditure from which annual accounts shall be prepared each year. The annual accounts must be made available for inspection by any member on written request and all club records may be inspected by any Committee member.
10. Removal of Membership, Discipline and Appeals
10.1 Any formal complaints regarding the behaviour of members, guests or volunteers should be lodged in writing with the Secretary.
10.2 Any person that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the relevant committee in reasonable time to prepare for any hearing.
10.3 The Committee shall appoint a disciplinary sub-committee (Disciplinary Sub-Committee) who will meet to hear complaints within 21 days of a complaint being lodged. Any person requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including the termination of membership or exclusion from Club premises.
10.4 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within 14 days following the hearing.
10.5 There shall be a right of appeal within 14 days of receipt of the disciplinary decision or decision to refuse membership:
10.5.1 against the Disciplinary Sub-Committee’s findings or the sanction imposed or both; and
10.5.2 against the Committee’s refusal to admit a new member
in either case, the Committee shall appoint an appeals committee (“Appeals Committee”). The Appeals Committee shall have a maximum of three members 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 who submitted 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.
10.6 A right of appeal following the same procedure as in 10.5 shall apply if the Committee remove membership under clause 5.10.
11. Club Regulations
The Committee may make Club Regulations consistent with these Rules and will publicise these to the members.
12.1 Notices to be sent out in accordance with these Rules may be sent by hand, by first class post or by suitable electronic means and will be treated as being received:
12.1.1 24 hours after being sent by electronic means or delivered by hand to the relevant address; or
12.1.2 Two clear days after being sent by first class post.
12.2 Notice of all general meetings must also be put on the Club’s website.
12.3 A technical defect in the giving of notice of which the members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.
13.1 These Rules may be amended at a general meeting by resolution passed by two-thirds of the votes cast but not so as to jeopardise the Club’s status as a Community Amateur Sports Club as first provided for by the Corporation Tax Act 2010 and not in any event to alter its purposes or winding up provisions (in each case unless the procedure set out in 14.2 has been followed).
13.1 The Club Purposes may be changed to include another eligible sport and/or the winding up provisions may be changed in each case if the Committee unanimously agree and the members also agreed the change by a 75% majority of votes cast.
14. Winding Up the Club
14.1 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.
14.2 The Committee will then be responsible for the orderly winding up of the Club’s affairs.
14.3 After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
14.3.1 to another Club with similar sports purposes which is a charity; and/or
14.3.2 to another Club with similar sports purposes which is a registered CASC; and/or
14.3.3 to the Club’s national governing body for use by them for related community sports.
Adopted at the AGM held
at Ballinger Common
on 19 March 2017
Name ANDREW THOMPSON (Chairman of the Meeting and of BWCC)