The Constitution of
EDGWORTH CRICKET AND RECREATION CLUB
1.0 NAME
1.1 The Club shall be
called “Edgworth Cricket & Recreation Club”,
hereinafter referred to as “The Club”.
1.2 This Constitution
replaces that of Edgworth Cricket Club and the
previously constituted Edgworth Cricket & Recreation
Club. This renewed Constitution will be recommended for
acceptance to the membership by the committee at the
opening of the new Clubhouse subject to Rule 12.0.
2.0 OBJECTIVES OF THE
CLUB
The club has two primary
objectives:
2.1
Primary
Objective 1 – This primary objective of the club is to
act as the agent for the delivery of the Barlow Trust’s
( Reg Charity 521333) recreational objectives and
obligations.
“The object of the charity
is, in the interest of social welfare to improve the
conditions of life of the inhabitants of the area of
benefit without distinction of political, religious or
other opinions by the provision and maintenance of
“recreational and leisure time opportunities” and “a
recreation ground for use by inhabitants””.
This objective is achieved
through the provision of facilities for the playing and
watching of cricket matches and promotion of the
development of cricket within the area, and the
provision of social and recreational facilities
commensurate with the playing of cricket and additional
sports and recreational activities for the community of
users and members.
2.2 Primary Objective 2 – This primary objective is
to contribute to the North West Plan for Sport and
Physical Activity (Sport England).
This objective is achieved through the club acting as a
sporting stakeholder – an amateur Sports and Recreation
Club with a community centred approach by:
Adding to the Sporting
Infrastructure in the North West.
·
acting as a
participant node in the network of stakeholders
·
sustainable
in economic and environmental terms
·
an important
contributor in an area of rural amenity deprivation
·
addressing
the issue of poor access to sporting facilities
Improving Health and
Well-Being of the Community of Members.
·
setting
targets for attracting participants, especially priority
groups (women/girls, young people, ethnic minorities,
those aged 45+)
·
collecting
data on participation rates, retention, progression
·
helping Sport
England achieve participation and retention targets
·
producing and
distributing promotional material; the benefits to
health and well-being from participation in sport, a
healthy diet and a healthy environment
·
a
multi-activity project; cricket and other opportunities;
daytime, evenings, week-ends
·
playing the
lead role in supporting increased participation rates
within the village community and adding value to the
contribution of its community of partners.
·
providing a
healthy environment for members, participants and staff
Developing Education and
Skills.
·
working with
young people to assist them in gaining skills, physical
literacy, and qualifications in sport
·
providing
opportunities for members to gain coaching accreditation
Benefiting the Economy.
·
E.C. & R.C.
as a business within the sports sector providing
benefits to service providers
·
improving the
physical well-being and self-esteem of participants
thereby benefiting their roles in the workplace and
their productivity
·
providing
training and employment within the Clubhouse / Pavilion,
in the grounds, and among the coaching staff
Building a Stronger and
Safer Community
·
old, young,
male, female, all in one centre fostering a bond of
mutual trust and communal well-being
·
addressing
youth exclusion by acting as an important provider of
youth facilities and services in an under-resourced area
·
providing
leadership and direction recognised by Clubmark
·
working with
community police service in a way that can promote
communal cohesion and safety
Impacting against the
barriers to inclusive participation in sport and
recreation
·
AGE: a wide
range of physical and recreational activities to suit
all ages.
·
TIME
PRESSURE: providing flexible opportunities in daytime,
evenings and weekends.
·
ATTITUDES TO
HEALTH: providing a resource that advertises through
example the benefits to one’s well-being of sport and
physical activity.
·
ACCESS: a
central location in an under-resourced area with no
intervening opportunities.
·
THE WORK OF
VOLUNTEERS / PROFESSIONALS: providing the management
structure and coaching staff to cope with the increased
critical mass of usage.
·
EDUCATION:
of mutual benefit to local school and college.
·
INVESTMENT:
a resource of currently massively underused potential,
therefore a project that re-affirms the original vision
of the benefactors, the Barlow family.
3.0 MEMBERSHIP
3.1 The club has an inclusive participation policy. No
person shall be excluded from the benefits of
participation and privileges of membership on grounds of
race, gender, age, physical disability religion,
socio-economic circumstances, or sexual orientation (see
terms of charity 521333)
Non-members have the right to use the club premises for
the purpose of the consumption of alcohol on no more
than THREE occasions during a membership year (see 19.3)
3.2
The primary benefits of membership shall be as follows:
-
the exercise of the power of voting, and
qualification to be an officer of the Club or member
of the General Committee of Edgworth Cricket and
Recreation Club. This is limited to Full Members
only.
-
the right to consume alcoholic beverages on the
premises for those aged 18 or over.
-
the right to engage in team games, sports and such
recreational activities offered by the club and
associated with the club’s structure
All
members of the public have the right to enter and use
the club premises, except for the purposes stated in 3.2
above which are restricted to members only.
3.3 The Club shall consist of the following types of
Full Members: (i) Full Playing Members - cricket
(ii) Social Members (iii) Centenary Members (iv) Family
Members (adults) (v) Associated Recreational Members.
The Club shall also consist
of the additional grade of Associated Members without
Full member status:(vi) Associated Corporate Members.
The Club shall also consist
of (vii) Junior Members.
3.4
All persons shall be eligible for full membership
provided they are 18 years of age or over.
3.5
The exercise of the power of voting, and qualification
to be an officer of the Club or member of the General
Committee of Edgworth Cricket and Recreation Clubshall
be limited to Full Members only.
3.6 Persons below the age of 18 years may be elected
as: (I) Junior Playing members or (ii) Junior
Non-Playing members without the right to hold office or
to exercise the power of voting for the General
Committee. They can, however, vote and hold office
within the Junior Section of Edgworth Cricket and
Recreation Club.
3.7
The name and contact details of every person wishing to
become a club member will be entered onto an application
form to include the names of the proposer and seconder
[both of whom should be full members].
3.8
The names of members shall be prominently displayed on a
membership list in the club premises
3.9
Immediately upon registration of a member, notice
thereof should be given to him or her, and after payment
of a subscription he or she will be furnished with a
card of membership and copy of the club rules.
3.10 Such person shall then become a member of the club
and be entitled to all the benefits and privileges of
membership and be bound by the rules.
4.0 GOVERNMENT
4.1 The affairs of the
Club, except in those matters reserved under the rules
for the Club in general meetings, shall be managed by a
General Committee. The Committee shall exercise the
powers given to it by these rules and shall consist of a
PRESIDENT, CHAIRPERSON, SECRETARY, TREASURER, COMMERCIAL
DEVELOPMENT OFFICER, CRICKET AND RECREATIONAL
DEVELOPMENT OFFICER, PREMISES AND ASSETS MANAGER, AND
CHILD WELFARE OFFICER, all of whom shall have been
elected in accordance with these rules, except for the
President who, once elected, remains in position until
retirement or resignation; it is an honorary position.
Four members shall form a
quorum of the Committee.
4.2 Reporting to the General Committee
will be the PREMISES AND ASSETS SUB-COMMITTEE consisting
of Premises and Assets Manager, Bar Manager, Membership
Secretary and Social Secretary; the CRICKET AND
RECREATIONAL DEVELOPMENT SUB-COMMITTEE consisting of
Cricket and Recreational Development Officer, Cricket
Manager, League Representative, Associated Recreational
Managers, and Junior Manager; and FUND-RAISING
SUB-COMMITTEE.
4.3
Junior Playing Members, Junior Non-Playing members,
their parents/guardians and their respective coaches and
managers, have their affairs managed by a Junior Section
consisting of an Executive Committee and Members. This
group operate within the terms of their own
Constitution, and are bound by the rules of ECRC.
5.0 TRUSTEES
5.1 The self-owned property
of the Club (other than the cash which shall be under
the control of the Committee) shall be vested in the
Trustees.
5.2 The appointment of
Trustees shall be vested in the members, and their
appointment shall be made by resolution passed at a
General Meeting.
5.3 The number of Trustees
shall not be more than four and not less than two, and
they shall remain in office until death or resignation
in writing, unless removed from office by a resolution
of a General Meeting.
5.4 They shall deal with
the self-owned property of the Club as directed by
resolution of the Committee and they shall be
indemnified against risk and expense out of Club
property.
5.5 The trustees have a
responsibility that at all times the activities of the
General Committee and Sub-Committees shall be in
accordance with the primary objectives of the club (2.1,
2.2) and within the terms of this Constitution.
.
6..0 SUBSCRIPTIONS
6.1 The annual subscription
for each type of member specified in Section 3.0 shall
be determined each year by the Club in General Meeting
and the Club shall in so doing make special concessions
for children and for persons in receipt of State
Retirement Pensions, Income Support, or Job Seeker’s
Allowance who shall pay such reduced subscriptions as
the Club in General Meeting shall determine.
6.2 All annual
subscriptions shall be payable in advance without demand
on the first day of April each year.
6.3 Any member of the two
cricket senior teams or other sport / recreational teams
whose subscription is unpaid on 30th April,
may not be selected to play for the club
6.4 Any member whose
subscription is unpaid on the 31st May shall
cease to be a member.
6.5 No member whose
subscription is in arrears may vote at any meeting or be
allowed to use the facilities of the Club.
6.6 Any new member joining
the Club after the aforementioned date must pay his or
her full subscription before commencing to use the
facilities of the Club.
6.7 A person who has ceased
to be a member due to non-payment of subscription may at
the discretion of the Committee, and upon payment of
arrears and upon satisfactory explanation be re-admitted
to membership.
7.0 HONORARY MEMBERS
7.1 The Committee may
invite as Honorary Members such persons as they see fit.
7.2 Honorary members shall
not be required to pay any subscription, but shall have
the same voting power and the same rights and privileges
and be subject to the same rules as other members of the
Club, except they shall not take part in the management
of the Club.
7.3 The Honorary Members so
admitted shall be restricted to such a number as shall
ensure that their total number shall not be significant
in proportion to the membership of the Club, to a
maximum of 5%.
7.4 Life members registered
under the discontinued constitutions of Edgworth Cricket
Club and Edgworth Cricket & Recreation Club retain full
member rights and privileges
8.0 AFFILIATED “VISITOR”
MEMBERSHIP
8.1 Except as provided by
this rule and subject to any conditions which the local
authority or Magistrates Court may attach to the Club’s
Registration certificate, a bona fide member of any
other Club which is affiliated to the Bolton & District
Cricket Association, or a bona fide member of any team
invited to the Club premises for the purpose of
participation in any form of sport or recreational
activity or one that has been has been afforded
associated recreational status, may (on production of
his or her card of membership of such other Club or upon
satisfactory proof of membership of such team as the
case may be) be admitted to the club premises and be
granted full membership privileges[except voting rights]
and access during the occasion of the visit, and
intoxicating liquor may be sold to him or her by or on
behalf of the club for consumption on the premises.
8.2 Any such person is
hereafter in these rules called “A Visitor Member”
provided always that no such rights shall be conferred
upon or be available to:
(a)
Any person who has been a
member of the Club who has left it in arrears in payment
of his or her subscription or who is otherwise a debtor
of the Club.
(b)
Any person who has been an
unsuccessful candidate for admission of the Club.
(c)
Any person who is under
suspension or expulsion from the Club.
9.0
SUSPENSION, EXPULSION
9.1 The Committee may
reprimand, suspend for such period as they think fit, or
expel from membership any member wilfully disobeying any
of these rules, or guilty of any conduct rendering such
member unfit in their opinion to be a member of the
Club.
9.2 Provided that before
expelling such member, the Committee shall call upon him
or her for an explanation of his or her conduct, and
shall hear what he or she may urge in his or her
defence.
In the case of an employee
due regard shall be given to English employment law.
9.3 A member expelled in
accordance with this rule shall have no claim on the
property of the Club, and shall not be eligible for
re-registration as a member during such period as the
Committee may decide.
10.0 OFFICERS AND
COMMITTEE
10.1 The election to the
offices of all members of the general Committee and Sub-
Committees (excluding the bar manager) shall be held at
the Annual General Meeting as the Committee shall
determine, and each such officer shall hold office until
the next succeeding Annual General Meeting.
10.2 Every candidate for
the above offices shall be proposed and seconded by two
full members of the Club. Such proposals shall be sent
to the Secretary in writing not less than fourteen days
before the AG.M., and the name of every such candidate
with the names of proposer and seconder shall be posted
in the Club not less than Seven days before the Annual
General Meeting
10.3 The election to
General Committee and Sub-Committees shall be held at or
during the week following the Annual General Meeting as
the Committee shall determine, and each Committee member
shall hold office for one year from election; all
existing Committee members shall retire at the Annual
General Meeting.
10.4 Retiring members shall
be eligible for re-election subject to a proposer and
seconder being named.
10.5 The election of such
officers shall be by ballot.
10.6 Balloting papers shall
be prepared containing all the names properly nominated,
and each full member of the Club shall be entitled to
vote for as many candidates as there are vacancies to be
filled and no more.
10.7 The candidates up to
the number of vacancies who shall receive most votes
shall be declared elected, and in the case of two or
more candidates receiving an equal number of votes a
second vote shall be taken.
10.8 Any officer or member
of the Committee may at any time retire therefrom by
giving to the Secretary notice in writing of his or her
desire to do so.
10.9 Should any member of
the Committee fail to attend for three consecutive
meetings without a satisfactory explanation being given,
the Committee shall have the power to declare that
position vacant, and to elect any member of the club to
fill such position.
10.10 The Committee shall
have power to elect any member of the Club qualified to
be a member of the Committee to fill any casual vacancy
which may arise by death or resignation or by reason of
any official or member of the Committee ceasing during
his or her term of office to be a member of the
Committee or of the Club.
10.11 A member so appointed
to fill a casual vacancy shall serve on the Committee
for the remainder of the term of office of the member
whose place he fills.
10.12 No member shall be
entitled to hold any official position until he or she
shall have been a full financial member of the Club for
at least one year.
10.13 The Committee may
from time to time appoint from among their number such
sub-Committees as they may deem necessary or expedient
and may depute or refer to them such powers and duties
of the Committee as the Committee may determine.
10.14 Each sub-Committee
shall report their proceedings to the Committee, and
shall conduct their business in accordance their
delegated responsibilities under the directions of the
Committee.
11.0 BYE-LAWS
11.1 The Committee shall
have power to make, repeal, and amend from time to time
all such bye-laws and regulations as they shall think
expedient for the internal management and well-being of
the Club. All such bye-laws shall be subject to
approval by the trustees of the club.
11.2 All bye-laws and
regulations made by the Committee under this rule and
approved by the trustees shall be binding upon the
members until repealed by the Committee or set aside by
a resolution of a General Meeting of the Club.
These new by laws shall be
posted on the club noticeboard for 14 days after
implementation
12.0
GENERAL MEETINGS
12.1 The Annual General
Meeting of the Club shall be held upon a day and at a
time to be fixed by the Committee in the month of
February in each year for the following purposes:
(i) To receive a report
and statement of accounts for the preceding year
(ii) To elect or announce
arrangements for the holding of elections of officers of
the Club and all members of the Committee for the
ensuing year.
(iii) Except to elect the
Captains and Vice Captains of Senior Cricket Teams, and
Captains and Vice-Captains of Associated Sporting and
Recreational Teams which shall be done during the
previous November.
.
(iv) To determine the
annual subscriptions for the following year.
(v) To decide upon any
resolution, proposal or matter, and transact any other
business
which shall be duly
submitted to the meeting.
(vi) To consider any
proposals for alterations to the “Rules of the Club”.
12.2 The Committee may at
any time for any special purpose call a Special General
Meeting, and they shall do so forthwith on a requisition
in writing signed by thirty members entitled to attend
and vote at a General Meeting or one fifth of the total
number of members so entitled ( whichever is the least )
stating the purpose for which the meeting is required.
Upon receiving such a
proposal the Secretary shall call a Special General
Meeting within eight (8) weeks, and inform the members
of any proposed alteration to rules giving at least four
(4) weeks notice of the date of the Meeting.
Notice of such Special
General Meeting and the purpose for which it is summoned
shall be posted in the club fourteen (14) days before
the same is held.
The business to be
transacted at such meeting shall be confined to the
purposes named in the notice.
12.3 At the Annual General
Meeting or Special General Meeting of the Club, the
President or in his or her absence, a member selected by
the Committee, shall take the chair.
12.4 Notice of the Annual
General Meeting, and the business to be transacted there
shall be posted on the notice board of the Club fourteen
(14) days before the date for holding the same.
12.5
Any member desirous of moving a resolution or proposing
any alteration to rules must have his or her resolution
or proposal seconded by another member, and details must
be received in writing by the Secretary at least
fourteen (14) days prior to the date of the Annual
General Meeting.
12.6 At the Annual General
Meeting or Special General Meeting the decision of the
meeting shall (except as provided by these rules) be
ascertained by show of hands or by taking a division in
such other manner as the Committee may deem most
convenient.
12.7 Every full member not
in arrears with his or her subscription shall be
entitled to be present at such meeting and vote there
at, and in the event of an equal vote, the Chairperson
shall be entitled to a casting vote.
13.0 FINANCIAL YEAR
13.1 The Financial Year of
the Club shall end on the THIRTY FIRST day of DECEMBER
in each year, to which day the accounts of the Club
shall be balanced.
14.0
PROFITS OF THE CLUB
14.1 The money or property
of the Club or any gain arising from the carrying on of
the Club may be applied in any of the following ways.
·
For the
benefit of the Club as a whole – premises and assets
management and maintenance, cricket and recreation
development, ground maintenance
·
For
distribution for charitable purposes
·
To provide
for all costs incurred during the execution of the
club’s obligations under the terms of its lease with
regard to rental and maintenance of trust property.
·
To provide
for costs incurred while undertaking the club’s
responsibilities acting as the agent for the delivery of
the Barlow Trust’s (Reg. Charity 521333) recreational
objectives and obligations.
·
To provide
the Club with the services of a professional cricketer,
qualified coaches for the junior cricket section (Clubmark)
and for other recreational activities as required, and a
bar manager and bar staff.
·
To cover such
personal expenses as may arise during the execution of
the voluntary duties undertaken by Premises and Assets
Manager, Membership Secretary, Social Secretary, Cricket
and Recreation Development Officer, League
Representative, Club Secretary and Treasurer or any
members of their elected sub-committees.
.
15.0
AUDITORS
15.1 At every Annual
General Meeting an Auditor or Auditors shall be
appointed to audit the accounts of the Club.
15.2 The persons appointed
shall be either a professional accountant or
accountants, or two (2) members of the Club not being
members of the Committee, and he, she or they, as the
case may be, shall serve for one year.
15.3 The accounts of the
Club shall be audited not less than fourteen (14) days
before the Annual General Meeting.
15.4 For this purpose the
Auditor or Auditors shall have access to all the books,
deeds, documents, and accounts of the Club, and shall
examine the general statement and accounts of receipts
and expenditure, funds, and effects of the Club, and
verify the same with the books, deeds, documents,
accounts, and vouchers relating thereto, and shall
either sign the same as found by him, her or them to be
correct, duly vouched, and in accordance with the law,
or shall specially report to the Club in what respects
they are found to be incorrect, unvouched, or not in
accordance with law, and a copy, with the report of the
Auditor or Auditors, if any, shall be posted in the Club
at least two days before the Annual General Meeting.
15.5 A vacancy occurring in
the office of the Auditor during the year may be filled
according to rule 15.2
16.0 HOURS OF OPENING
AND CLOSING
16.1. The Club shall be
opened and closed at such hours as from time to time be
fixed by the Committee and posted in the Club.
16.2 The Committee have
decided that the Club may be open for use of members at
any time between 9am and 3am the following day, save
that any member requiring the premises be open after
12:00 midnight must make application to the Committee at
least 28 days prior to said use.
17.0
PERMITTED HOURS FOR SUPPLY OF INTOXICANTS
17.1 The Committee shall
have the power to fix permitted hours for the supply of
intoxicants in the Club
within the terms of the current licence agreement, and
from time to time to alter the hours so fixed, provided
that the hours shall not on any day be longer, nor begin
earlier or end later, than the hours for the time being
in force under the current licence agreement.
17.2 Notice of these hours
is to be posted in the Clubhouse.
18.0
INTOXICATING LIQUORS
18.1 Intoxicating liquors
shall not be supplied to any member or guest or
associate on the Club premises otherwise than by or on
behalf of the Club, and shall not be supplied for
consumption off the premises except to a member in
person.
18.2 The Committee (which
shall have sole management of the purchase for the Club
and the supply by the Club of intoxicating liquor) shall
enter into or cause or permit the trustees to enter into
any bond covenant or other agreement or arrangement
restricting the Club’s purchase of intoxicating liquor.
18.3 No arrangements shall
be made by the Committee for any person to receive at
the expense of the Club any commission, percentage, or
similar payment on or with reference to purchases of
intoxicating liquor by the Club, or for any person
directly or indirectly to derive any pecuniary benefit
from the supply of intoxicating liquor by or on behalf
of the Club to members and guests, apart from any
benefit which a person derives indirectly by reason of
the supply giving rise or contributing to a general gain
from the carrying on of the Club.
19.0 SOCIAL VISITORS TO
CLUB PREMISES
19.1 Any Social visitor can
enter and use the club premises except for the
consumption of alcohol subject to such regulations or
bye-laws as shall be made from time to time by the
Committee.
19.2 Use of the Club for
charitable purposes by an individual or organisation is
not subject to membership restrictions, except where
alcoholic beverages are served during the execution of
the purpose.
19.3 A Social visitor can
only be served alcohol on the premises if introduced by
a Full member and subject to such regulations or
bye-laws as shall be made from time to time by the
Committee, provided that
·
no person
shall be introduced as a social visitor in the Club who
shall have been suspended or expelled from membership
·
each visitor
and the member or associate introducing him or her must
sign a visitor registration book provided for the
purpose – no visitor may use the club premises for the
consumption of alcohol on more than three occasions
during a membership year.
·
no visitors
shall be refused on any grounds of physical or mental
disability, gender, race, religion, age or sexual
orientation
19.4 In the event of
misconduct on the part of the visitor, he or she shall
at once be removed from the Club premises, and the
member introducing such visitor shall be reported to the
Committee, and on the facts being provided shall be
liable, in the case of a member, for suspension or
expulsion, or to be debarred in the case of the social
visitor.
19.5 An Affiliated
“Visitor” Member (see 8.0) is not entitled to
introduce a guest onto the premises for the purpose of
consumption of alcoholic beverage.
20.0 HIRING OF PREMISES
AND BAR FACILITIES
20.1 Club premises may be
hired for private functions. However if bar facilities
and catering facilities are required, they can be made
available provided that:
§
Permitted
hours of opening are as stated in the above (17.0)
§
The hirer is
a Full member of the club
§
Visitors are
allowed pursuant to the above (19.0)
§
The hirer has
entered into the appropriate agreement procedure as laid
down by the Social Secretary
20.2 If bar facilities are
not required the club can be hired or used by any
individual, charitable organisation or group for any
activity or purpose without the need for membership.
However if during that purpose or activity the
consumption of alcohol is intended or expected, normal
membership rules will apply.
21.0 DISSOLUTION OF
THE CLUB
21.1
The members may vote to wind up the club if not less
than 80% of those present and voting support the
proposal at a properly convened general meeting. Any
changes in the current status of the club that are seen
to require an abandonment of this constitution will also
necessitate dissolution.
21.2
The committee will then be responsible for the orderly
winding up of the club’s affairs
21.3
After settling all liabilities of the club, and in
accordance with the contracts duly signed and agreed
with grant awarding bodies, the committee will dispose
of the club’s remaining net assets to one or more of the
following:
-
to another club with similar sports and recreation
purposes which is a registered charity and/or
-
to another club with similar sports and recreation
purposes which is a registered CASC and/or
-
to the Barlow Trust for use by them for related
community sports and recreation
22.0 ALTERATION OF RULES
22.1 These rules may be
added to, repealed or amended by resolution at any
Annual General Meeting or Special General Meeting
provided that no such resolution shall be deemed to have
been passed unless carried by a majority of at least
two-thirds of the members voting thereat and that such
repeal, addition or amendment has been given the full
approval of the club trustees.
23.0
INTERPRETATION
23.1 The Committee and
trustees shall be the sole authority for the
interpretation of these rules, and bye-laws and
regulations made thereunder. Any decision of the
Committee upon any question of interpretation, or upon
any matter affecting the Club and not provided for by
these rules or by the bye-laws and regulations made
thereunder shall be final and binding on the members.
Signed
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