SHCC Constitution

Seaham Harbour Cricket Club

Constitution

1. Name

The organisation shall be known as Seaham Harbour Cricket Club (hereinafter called “The Club”).

2. Administration

Subject to the matters set out below The Club and its property shall be administered and managed in accordance with this constitution by the members of the Committee, constituted by clause 7 of this constitution, who shall be the trustees.

3. Objects

The Club’s objectives (“the objectives”) are:

a) to promote charitable purposes for the benefit of the community in the environs of Seaham (hereinafter called “the area of benefit”) and, in particular, the advancement of education, the protection of health.

b) The objectives of the Club shall be to: Maintain, upgrade, and improve Seaham Harbour Cricket Club, and provide community facilities for the benefit of all persons, (male and female, young and old), who use the Cricket Club’s facilities in the locality.

c) 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 any future versions of the Policy.

d) providing that in carrying out these charitable purposes The Club will seek to challenge all forms of oppression and inequality, promote equality of opportunity for all and to give priority to working with people whose full participation in society is limited by economic, political, or social disadvantage.

e) Equity Policy Statement

Seaham Harbour Cricket Club is committed to ensuring that equity is incorporated across all aspects of its development. In doing so it acknowledges and adopts the following Sport England definition of sports equity:

Sports equity is about fairness in sport, equality of access, recognising inequalities and taking steps to address them. It is about changing the culture and structure of sport to ensure it becomes equally accessible to everyone in society.

The club respects the rights, dignity and worth of every person and will treat everyone equally within the context of their sport, regardless of age, ability, gender, race, ethnicity, religious belief, sexuality, or social/economic status.

The club is committed to everyone having the right to enjoy their sport in an environment free from threat of intimidation, harassment, and abuse.

All club members have a responsibility to oppose discriminatory behaviour and promote equality of opportunity.

The club will deal with any incidence of discriminatory behaviour seriously, according to the club disciplinary procedures.

4. Powers

In the furtherance of the above purposes, but not otherwise, The Club shall have power to:

a) raise funds and to invite and receive contributions provided that in raising funds The Club shall not undertake any permanent trading activities and shall conform to any relevant requirements of the law;

b) buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use.

c) subject to any consents required by law to sell, lease or dispose of all or any part of the property of The Club.

d) subject to any consents required by law to borrow money and to charge all or any part of the property of The Club with repayment of the money so borrowed.

e) to employ such staff (who shall not be members of the Executive Committee) as are necessary for the proper pursuit of the objects.

f) to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them.

g) to establish or support any charitable trusts, associations or institutions formed for all or any of the objects.

h) to appoint and constitute such advisory committees as the Executive Committee may think fit.

i) to elect or appoint representatives of The Club to outside bodies.

j) to purchase trustee’s, officer’s, and director’s liability indemnity insurance.

k) to do all such other lawful things as are necessary for the achievement of the objects.

5. Membership of The Club

a) Membership of The Club is open to any member of the community within one of the following categories for both females and males:

playing member over 18 years
student playing member
playing member under 18 years
cricket supporter
social member

b) Any members of the community are welcome to apply to join as a member of the cricket club and should do so by completing an application form.

6. Election of Honorary Officers

a) At the Annual General Meeting of The Club the members shall elect from amongst themselves a Chairperson, a Vice-Chairperson, Junior Chairperson a Secretary and two co-Treasurers, Club Welfare Officer and such other Honorary Officers as The Club may from time to time decide, who shall hold office from the end of that meeting.

b) The Chairperson and Honorary Officers shall hold office until the end of the Annual General Meeting of The Club next after their election but shall be eligible for re-election provided that no Honorary Officer shall hold office for more than three consecutive years. On the expiration of such period one further year must elapse before any Honorary Officer shall be eligible for re-election, in line with sub-clause 7(1) hereof.

c) The Chairperson and Honorary Officers shall be ex-officio members of the Executive Committee established by Clause 7 of this Constitution and of any other committee.

d) The Club shall appoint one or more qualified auditors and may determine their remuneration (if any) at the Annual General Meeting.

e) Nominations from members of The Club for Honorary Officers must be in writing and must be in the hands of the Secretary at least fourteen days before the Annual General Meeting. Should nominations exceed vacancies, election shall be by ballot. The Committee may fill any casual vacancy occurring in the offices of Honorary Officers elected by The Club, and may, subject to any conditions imposed by The Club, appoint any other Honorary Officers, but all such appointments shall be subject to confirmation by The Club at its next meeting.

7. Committee

a) The Executive Committee of the Club shall consist of elected members, three of whom shall retire annually by rotation (and in case of conflict alphabetically), together with the President, Chairperson, Trustees, Vice-Chairperson, Secretaries, Treasurer, Bar Secretary and Captains of First and Second Teams. The retiring members shall be eligible for re-election. The committee shall have full control over the Club funds and all matters of the government and management of the Club, except as otherwise herein delegated to Selection Committee. It shall hold meetings at such times and places as it may deem advisable, and it shall have the power to appoint such officers as may be found necessary for the conduct of the Club or to elect Sub-Committees, either from among themselves or entirely from the list of members, or partly one way and partly the other, and for any special business.

b) Before any member can be nominated for the Executive, they must have been a member for the previous twelve months.

c) Any vacancy on any Committee occurring during the currency of a year maybe filled up by the Executive.

d) The Selection Committee shall be elected at the first meeting in April, by the Executive.

e) Four Trustees shall be appointed who shall hold the property of the Club in trust for the members. The Trustees shall be empowered to maintain their number. The whole of the assets of the Club shall be vested in the Trustees who shall have first claim upon such assets and property to liquidate debts for which, as Trustees they may be held liable.

In the event of there being no duly appointed surviving Trustees the Executive shall have the power to appoint four new Trustees.

f) The Committee shall from time to time make, repeat, and amend all such by-laws and regulations (not inconsistent with these rules) as they shall think expedient for the internal management, use of the field, and well-being of the Club. All such byelaws and regulations shall be binding upon the members until repealed by the Executive or set aside by a resolution of a general meeting of the Club.

All matters affecting the control of intoxicating liquor shall be determined by the Executive Committee, who may delegate such duties to a liquor committee appointed from their own numbers.

g) All rules and byelaws shall be posted in a conspicuous place in the pavilion and the clubroom, and such posting shall constitute sufficient notice of the existence of such Rules and bye-laws which shall be binding accordingly on all members.

8. Determination of membership of Committee

A member of the Committee shall cease to hold office if he or she:

a) is disqualified from acting as a member of the Executive Committee by virtue of section 72 of the Charities Act 1993 (or any statutory re- enactment or modification of that provision).

b) becomes incapable by reason of mental disorder, illness, or injury of managing and administering his or her own affairs.

c) is absent without the permission of the Committee from three consecutive of its meetings and the Committee resolve that his or her office be vacated provided that a member faced with removal shall have the right to be heard by the Committee before a vote is taken.

d) notifies to the Committee a wish to resign (but only if at least three members of the Committee will remain in office when the notice of resignation is to take effect); or fails to declare an interest under the provision of Clause 9(a) hereof.

e) fails to declare an interest under the provision of Clause 9(a) hereof.

f) ceases to meet the criteria for membership of the Club.

g) acts in any way deemed by the Committee to have undermined the objects of The Club as here set out.

9. Executive Committee members not to be personally interested

a) Subject to the provisions of sub-clause (b) of this clause no member of the Committee shall acquire any interest in property belonging to The Club (otherwise than as a trustee for The Club) or receive remuneration or be interested (otherwise than as a member of the Committee) in any contract entered into by the Committee.

b) Any member of the Committee for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or her or his or her firm when instructed by the other members of the Committee to act in a professional capacity on behalf of the Council: provided that at no time shall a majority of the members of the Committee benefit under this provision and that a member of the Committee shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her firm, is under discussion.

10. Meetings and proceedings of the Committee

a) The President shall, when present, have the option of presiding at all General Meetings of the Club, and shall, if presiding, have in addition to their vote as a member of the Club, a casting vote.

b) The Chairperson shall always take the chair at the meetings of the Executive of the Club, and at the request of the President, at any General Meeting of the Club. When in the Chair, they shall have in addition to his vote as a member of the Club, a casting vote.

c) The Honorary Treasurer shall receive all moneys due to the club and shall pay the debts of the dub as the Committee may direct. They shall whenever require doing so, render the Committee an account of the moneys received and expended by them. They shall prepare the Annual Accounts and submit the same to the Auditors of the Club.

d) The Honorary Secretary shall on all occasions in the execution of their office, act under the superintendence control and direction of the Committee and may receive moneys on account of the Club and pay same to the Club Treasurer.

e) They shall keep the documents and papers of the Club in such a manner and for such purposes as the Committee may appoint. They shall summon and attend all meetings and take minutes of the proceedings. The Secretary shall be supplied by the Committee with copies of the rules and shall be bound to deliver a copy thereof to any member on demand, on such payment as the Committee may determine.

They shall keep on the Club Premises a register of names and addresses of Club members and a record of the latest payment of their subscriptions.

They shall make such returns to such authorities as shall be required by law.

f) The Club Welfare Officer will act as the first point of contact by any person in cricket at Club level who has concern about child welfare and protection.

The Club Welfare Officer will attend committee meetings and report directly to the committee with any child protection matters.

The appointed official will attend Sports UK Safeguarding and Protection Workshop, Safe Hands, and any required courses.

g) The Bar Secretary shall keep separate Books of Accounts in connection with the purchase and supply of all liquor and provisions dealt with in the clubroom and shall, in conjunction with the Treasurer, be responsible for adequate arrangements being made for the banking of all moneys taken in the clubroom. They shall render to the Treasurer for payment monthly statements of all outstanding moneys which have arises in connection with their duties.

At every Annual General Meeting, two members of the Club, not being Trustees or members of the Committee shall be elected to serve as Auditors, for the ensuing year. A vacancy occurring in the office of Auditor during the year shall be filled by the Committee.

11. Annual General Meeting

a) There shall be an Annual General Meeting of The Club, which shall be held no more than 15 calendar months after the preceding Annual Meeting.

b) Every Annual General Meeting shall be called by the Committee. The secretary shall give at least 21 days’ notice of the Annual General Meeting to all members of The Club. All the members of The Club shall be entitled to attend and vote at the meeting.

c) Before any other business is transacted at the first Annual General Meeting the persons present shall elect a chair of the meeting, who shall be the Chairperson of The Club. The meeting will also elect other Honorary Officers. The Chairperson shall be the chair of subsequent Annual General Meetings (in line with clause 6(b), but if he or she is not present, before any other business is transacted, the persons present shall appoint a chair of the meeting.

d) The Committee shall present for consideration and approval to each Annual General Meeting the annual report and audited accounts of The Club for the preceding year.

e) The Club shall appoint the auditors.

f) Nominations for election to the Committee must be made by members of The Club in writing and must be in the hands of the secretary of the Executive Committee at least 14 days before the Annual General Meeting. Should nominations exceed vacancies, election shall be by ballot.

g) Any appointments of representatives of The Club to outside bodies shall be confirmed at the Annual General Meeting.

h) Any member wishing to propose a motion at the Annual General Meeting must ensure that the Secretary receives the written motion not less than 3 weeks prior to the meeting which with be signed by both proposer and seconder.

12. Special General Meetings

a) The Committee may call a Special General Meeting of The Club at any time. If at least ten members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days’ notice must be given. The notice must state the business to be discussed.

b) A Special General Meeting shall also be held if a request in writing is submitted to the secretary stating the reason for such a meeting and is signed by the representatives of not less than ten member organisations. At least 21 days’ notice must be given. The notice must state the business to be discussed.

13. Quorum

a) The quorum for all general meetings will be 10 members.

14. Receipts and expenditure

a) All annual subscriptions shall be payable on the 1st day of May in each year and if after a reminder has been given a subscription has not been paid on or before the 1st day of July following the defaulter shall thereupon cease to be a member of the Club. He may, at the discretion of the Committee be re-admitted to membership on payment of all arrears.

b) Any player member not paying his subscriptions before the first week in June shall be reported to the Committee. The Honorary Treasurer shall be responsible for the maintaining of a bank account for the exclusive use of The Club into which all funds raised for the purpose of facilitating the maintenance, upgrading and improvement of the Cricket Club’s facilities shall be credited and debited.

c) The Honorary Treasurer shall ensure that all monies received by The Club are banked and that expenses are paid.

d) The Honorary Treasurer shall be responsible for the preparation of an Income and Expenditure Account for each year ending 30th September and shall be responsible for the arrangement of an audit of the foregoing Accounts.

e) The funds of The Club, including all donations, contributions, and bequests, shall be paid into an account operated by the Executive Committee in the name of The Club at such bank as the Executive Committee shall from time to time decide. All cheques and other negotiable instruments drawn on the account above a certain figure to be determined from time to time by the Committee must be signed by at least two members of the Executive Committee designated by the Committee. One staff member and one committee member so designated by the Committee may sign those below the predetermined figure.

f) The funds belonging to The Club shall be applied only in furthering the objects.

15. Property

a) Subject to the provisions of sub-clause (b) of this clause, the Executive Committee shall cause the title to:

i) all land held by or in trust for The Club which is not vested in the Official Custodian for Charities; and

ii) all investments held by or on behalf of The Club.

to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee. Provided they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.

b) If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the council, the Executive Committee may permit any investments held by or in trust for The Club to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a member of the International Stock Exchange (or any subsidiary of any such stockbroking company) as nominee for the Executive Committee, and may pay such a nominee reasonable and proper remuneration for acting as such.

16. Accounts

The Executive Committee shall comply with their obligations under the Charities Act 1992/93 (or any statutory re-enactment or modification of that Act) with regard to:

a) the keeping of accounting records for The Club.

b) the preparation of annual statements of account for The Club.

c) the auditing or independent examination of the statements of account of The Club; and

d) the transmission of the statements of account of The Club to the Commissioners.

17. Annual Report

The Executive Committee shall comply with their obligations under the Charities Act 1992/93 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commissioners.

18. The Club’s year end audit

a) The Club’s year shall run from October 1 to September 30. Once at least in every year the accounts of The Club shall be audited by the auditors appointed under clauses 6 and 11 hereof.

b) The Executive Committee shall comply with their obligations under the Charities Act 1992/93 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commissioners.

19. Dissolution

If the Executive Committee decides that it is necessary or advisable to dissolve The Club it shall call a meeting of all members of The Club, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have power to realise any assets held by or on behalf of The Club. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of The Club as the members of The Club may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, for the final accounting period of The Club must be sent to the Commissioners.

20. Alterations to the Constitution

a) Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. A quorum of 20 members is required. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.

b) No amendment may be made to clause 1, clause 2, clause 3, clause 9, clause 18 or this clause without the prior consent in writing of the Commissioners.

c) No amendment may be made which would have the effect of making The Club cease to be a charity at law.

d) The Executive Committee should promptly send to the Commissioners a copy of any amendment made under this clause.

21. Notices

Any notice required to be served on any member of The Club shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally or by sending it through the post in a prepaid letter addressed to such a member at his or her last known address in the United Kingdom. Any letter so sent shall be deemed to have been received within 10 days of posting.

22 Interpretation

The Interpretation Act 1978 applies for the interpretation of this Constitution as it applies for the interpretation of an Act of Parliament.

Adopted on:

This constitution was adopted on the date mentioned above by the persons whose signatures appear at the bottom of this document.

Signed: