Charlbury Cricket Club
The name of the Club is Charlbury Cricket Club Limited an Incorporated Company limited by guarantee (Certificate Number 6506410, dated 18th February 2008), hereafter to be referred to as “the Club” and the Club shall be affiliated to the England and Wales Cricket Board (ECB) through the Oxfordshire Cricket Board (“Oxfordshire Cricket”). Future reference to the Club shall include its grounds and any building or structure situated on the grounds
- AIMS & OBJECTIVES:
- The Club is for the provision of community participation and healthy recreation with particular emphasis on the provision of the facilities for the playing of cricket.
- To foster and promote the sport of cricket at all levels within the community and within the sport, providing opportunities for recreation, coaching and competition.
- To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
- 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.
- To ensure a duty of care to all members of the Club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy.
- To encourage all members to participate fully in the activities of the club.
- Membership of the Club shall be open to anyone interested in the sport of cricket 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.
- The Club may have different classes of membership and subscription on a non- discriminatory and fair basis. The Club will keep subscriptions and match fees that will not pose a significant obstacle to people participating and have measures in place to ensure that any known problem is covered.
- Application for 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 Annual General Meeting (“AGM”) and/or any Spring General Meeting(“SGM”) which is held by the club.
- No person shall be eligible to take part in the business of the club or eligible for selection for any club team unless they are full members (as defined in Clause 4 below) and the appropriate subscription has been paid by the specified date or membership has been agreed by the Management Committee (“MC”). Likewise, all match fees must be paid on the day of the game to the team captain.
- The “MC” may refuse membership, or remove it, only for good cause; e.g. conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal or removal may be made to the MC (see below) who shall appoint an Appeals Committee to hear the appeal (those members of the Appeals Committee shall be at least 3 in number, be full members (see para 4 below) and shall not be a member of the MC .
- 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 members eligible to vote at any General Meetings. The club shall maintain a register of members. The constitution shall be posted on the Club’s website and designated Club noticeboard.
- CATEGORIES OF MEMBERSHIP:
There shall be 5 categories of playing and non –playing membership available, all of whom will have full voting rights in any meeting set out in Para 10 below, save where it is specifically excluded in this paragraph. These are:
- Full Member – Male or Female- full voting rights
The following shall be members of the Club and be bound by Club Regulations but shall not have voting rights at any General Meeting of the Club (as defined in Clause 10 below):
- Junior Member – (Between 12 years of age and 17 years of age at the beginning of the current season)
- Junior Member – (between 4 years of age and 11 years of age at the beginning of the current season and shall include all players involved with, All Stars and Dynamos, and any other youth scheme promoted by the ECB and adopted by the Club.-
- Honorary/Life Member – recommended by the MC and confirmed by the Trustees of the Club upon payment of the appropriate membership fee
- Social Member (non-playing).
The Club through its MC will recommend to the AGM each year as to the cost of membership fees that will be applied to each category of membership. Any additional category of membership or a variation to the types of categories available will be approved at each AGM.
In addition, individual members of the public or corporate bodies may support the Club through becoming Friends of Charlbury Cricket Club (“FCCC”) by an agreed payment and such payments will be eligible for Gift Aid. (FCCC members shall not have voting rights)
A list of members in each category and of Friends shall be maintained by the Membership Secretary or other Officer of the Club.
- CHARITABLE STATUS.
The Club is registered with the Charity Commission as a Charity No, 1123292 (Registered 20th March 2008) for the “primary purpose of the provision of community participation and healthy recreation with particular emphasis on the provision of the facilities for the playing of cricket”
- At least three (3) Trustees (who shall by virtue of their appointment agree to become Directors of the Limited Company and registered with Companies House accordingly- see para 1 above), will be appointed to oversee the smooth running of the Club and be responsible for matters that the MC feel is outside of its jurisdiction.
- The Trustees in conjunction with the Chair of the Club may at their discretion and where it is in the interests of the Club appoint a new Trustee who shall immediately take on the responsibilities of a Trustee and which shall include his/her appointment as a Director of the Charlbury Cricket Club Limited .
- The appointment of the new Trustee must be made with the agreement of all the current Trustees then acting, together with the Club Chair. Unless the decision to appoint is unanimous, the appointment shall not be made.
- The appointment must in any event be confirmed at the next AGM or where appropriate a Spring General Meeting (see Clause 10 below).
- If the number of appointed Trustees falls below three (3) at any time, the running of the Club shall continue to be undertaken by the MC (acting under its powers as set out within this Constitution) until the number of Trustees has been restored to the minimum of three(3).
- The Trustees are also responsible for the charitable aspects of the life of the Club and for ensuring that the Club complies fully with both the relevant provisions of the Charities 2011 and the Companies Act 2006, where they shall so apply It works closely with the MC and with Club Members and Friends in discharging its responsibilities.
- The Trustees where it is necessary shall have the power to obtain independent professional advice in order to ensure that they are complying with their relevant Statutory Duties. Where it is necessary to seek such advice, the Chair of the Club and the MC shall be advised immediately.
- The Trustees as Directors of Charlbury Cricket Club Limited may obtain appropriate Directors/Trustees insurance in respect of the undertaking of their roles which cost shall be met by the Club
- Any person appointed as a Trustee shall have full voting rights in any general meeting held in accordance with Clauses 9 and 10 and in any other Club meeting that they attend in accordance with Clause 9 below
- The Trustees shall meet at least 4 times per year.
- Any decision made by the Trustees in so far as fulfilling their duties as above shall be by majority vote but requires a quorum of at least 3 Trustees to make an effective decision
- The Trustees shall if they feel it’s necessary and in order to fulfil their duties to reach a decision can do so by electronic mail communication. When such a decision is made by this method it is only effective with agreement of all the Trustees and must be reported and recorded in the minutes at the following Trustees meeting and the MC.
- It shall be the aim of the Club to appoint Trustees who are willing to carry out their duties under the provisions of this paragraph (as well as their duties defined by relevant statutory requirements) but who would not need to undertake any additional roles required as an officer of the MC. This would not prevent such an appointment but the long-term aim is to avoid individuals taking on dual roles where possible
The Officers of the club shall be as follows:
Executive Officers –
- Vice Chair
- Youth Chair
- Club Secretary
- Club and County Safeguarding Officer (Club Welfare Officer)
- Women and Girls Cricket Manager
- Club Cricket Manager
- Club Bar Manager
- Club Grounds Manager
- Minute Secretary
- Youth Representatives (maximum 2)
- ELECTION OF OFFICERS:
All Officers shall be elected at the AGM of the club, held in October of each year, from and by the members who have been given specific voting rights under this Constitution of the club.
All Officers shall be elected for a period of one year but shall be eligible for re-election to the same office or to another office the following year. Proposals must be received in writing to the Secretary/Chairman within fourteen days of the AGM, and these will be circulated to the membership via the agenda prior to the meeting. No nominations will be accepted from the floor at the time of the meeting. Officers may only remain in a post for a maximum of three years, unless extended through agreement by a majority vote by members at the AGM.
- MANAGEMENT COMMITTEE (MC):
The affairs of the club shall be conducted by a MC comprising of the Executive Officers of the club and up to 5 other members elected from and by the Full Members of the club. Only these elected members of the MC shall be entitled to vote at MC meetings.
The MC will be convened by the Secretary (or appointed person) and shall meet at agreed intervals and not less than four times per year. Minutes of these meetings will be taken and filed securely.
The quorum required for business to be agreed at MC meetings shall be six (6) and one of the following officers must be present, namely President, Chair, Vice-Chair, Club Secretary or Treasurer. Any appointed Trustee for the time being may attend any MC meeting or any other subcommittee created by the MC , but shall not be counted for the purposes of a quorum. Any Trustee attending such meeting shall have a right to vote on any issue arising
The duties of the MC shall be:
- To control the affairs of the club on behalf of the members, and to ensure that decisions made are within its powers, and meet the overall objectives of the Charity
- To keep accurate accounts of the finances of the club through the annual appointment at its AGM of a Treasurer (who shall be an Officer of the Club). The accounts should be available for reasonable inspection by members and should be audited before every Annual General Meeting. The club shall maintain a bank current account (“the account”) and the following Officers shall be authorised to have access to the account (and where appropriate to sign cheques) : the Treasurer and one of two designated Executive Officers.
- To co-opt additional members to the Committee as the Committee feel is necessary. Co-opted members shall NOT be entitled to a vote on the Committee and shall serve until the end of the next Annual General Meeting.
- To make decisions on the basis of a simple vote. In the case of equal votes, the Chair shall be entitled to an additional casting vote.
- The MC shall have powers to appoint sub-committees as necessary and to co-opt advisers who may be non-club members invited to advise on specialist subjects. A sub-committee will be formed to deal specifically with youth members and will appoint its own officers. This committee known as ‘Charlbury Youth Cricket’ will have special care for the welfare, health and safety of all members up to the age of 18 years. It may have its own constitution but this will be subordinate to the main Club Constitution.
- An elected MC member ceases to be such if he or she ceases to be a member of the club, resigns by written notice, or is removed by the MC for good cause after the member concerned has been given the chance of putting their case to the MC. Appeal against removal may be made to the Appeals Committee in accordance with the procedure set out in para 3.5 above.
The MC has the power to:
- Acquire equipment, coaching, training and playing facilities, clubhouse and 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, subscription, loans and charges. (but subject to the provisions in Para 18 below)
- Borrow money and give security for the same and open bank accounts. (but subject to the provisions in para 18 below)
- Buy, lease or license 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. (which can include persons responsible for the running of the Club bar, premises and events, the role and duties of which shall be determined by the MC at the time of appointment)
- Co-operate with or affiliate firstly to any bodies regulating or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies.
- Do all 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 objectives of the Club and the general law. Furthermore, if the MC in wishing to exercise its powers under clauses 5-11 above it shall only do so after seeking approval and obtaining the consent from the Trustees
Except for bar matters, all orders and transactions involving Club funds (particularly in relation to the exercise of its powers set out in para 9.3-10 above) shall only be made with the knowledge and approval of the MC (and more specifically under the terms of para 18 below). Where necessary the Treasurer’s and one other signature (as above) will be required on all cheques and will have access to the Club account as above.
For bar transactions, the Treasurer and the Bar secretary will both be required to authorise all transactions and the. The Bar Secretary will be required to submit a quarterly bar statement to the MC, signed by himself/herself and countersigned by an authorised member of the committee. A fully audited annual account shall be submitted at the AGM for approval either by the Bar Secretary, the Treasurer or both.
- GENERAL MEETINGS:
- The AGM of the club shall be held not later than the last day of October each year.
- 21 clear days written notice of the AGM shall be given to members by posting a notice on the club web-site, the pavilion and on the designated club notice board in the town. Members must advise the Secretary/Chair in writing of any other business to be moved at the AGM at least 14 days before a meeting. The secretary or appointed officer shall circulate or give notice of the agenda for the meeting to members not less than (21) days before the meeting.
- At an AGM, votes by proxy will be accepted only if there is a valid reason for the person voting not attending the meeting. Proxy votes should be sent in writing, in a sealed envelope to the Club Chair prior to 2 Calendar days before the meeting.
The business of the AGM shall be to:
- Confirm the Minutes of the previous AGM and any General Meetings held since the last Annual General Meeting.
- Receive the Chairman’s report for the year.
- Receive the audited accounts for the year from the Treasurer(s)
- Receive the annual report of the Committee from the Secretary.
- Elect an auditor
- Re-elect all trustees who shall retire every three years from appointment and be proposed for re-election (if they so wish by a minimum of two other current Trustees and endorsed by the MC.
- Elect the Officers of the Club (i.e. President, Chair, Secretary etc.)
- Transact such other business received in writing by the Secretary/Chairman from members 14 days prior to the meeting and included on the agenda.
- Set the budget, subscriptions and match fees for the new season.
Nominations of candidates for election of Officers shall be made in writing to the Secretary/Chairman at least 14 days in advance of the AGM date. Nominations can only be made by Full Members and must be seconded prior to, or during the meeting, by another Full Member.
- General Meetings,
At all General Meetings the chair will be taken by the Chair or, in their absence, by the Vice Chair or a deputy appointed by Full Members attending the meeting. Decisions made at a General Meeting shall be by simple majority vote from those Full Members attending the meeting. In the event of equal votes, the Chair of the meeting shall be entitled to an additional casting vote
- A quorum for a General Meeting shall be 6 Full Members and any other categories of membership entitled to vote (as outlined by the membership section of this Constitution) and Officers of the Club including at least one of the following must be present, namely Chair, Vice Chair, Club Secretary or Treasurer.
- Each Full Member of the Club shall be entitled to one vote at General Meetings
- The name and address of any person proposed for election must be, for not less than two days before the election, published on the Clubs website, prominently within the Club premises and on the Clubs designated noticeboard. Persons may not be admitted to membership or admitted as candidates to any membership privileges without an interval of at least two days between nomination or applications for membership and their admission
3. Special General Meetings (SPGM)
These may be convened by the MC or on receipt by the Secretary of a request in writing from not less than 3 Full Members of the club. At least 21 days notice of the meeting shall be given by the posting of a notice on the club web-site and in the pavilion and on the club notice board in the town.
- Extraordinary General Meeting (EGM)
This may be called at any time by the Trustees and must be called within 28 days on a written request by at least 5 members.
5. Spring General Meeting (SGM),
The club will (where it is determined necessary by the MC and/or the Trustees) arrange a SGM, which will be held prior to the 31st March each year to which all members are invited to attend and the business of the SGM shall be to:
- To complete any business deferred for whatever reason from the AGM, which can include dealing with any matters upon which the AGM had power to determine
- To receive from the Treasurer the audited accounts for the previous year and bring to the attention of the meeting any important financial matters.
- To take stock of the close season activities.
- To formulate plans for the approaching playing season.
- To advise members of matters that may be of interest for the new season
The above meeting shall follow the same format as the AGM relating to timings and notification as set out above.
- THE SELECTION COMMITTEE:
The Chair of the Selection Committee shall be the Club Cricket Manager
The Chair shall appoint the Women’s Cricket Club manager onto this committee together with team captains, vice captains and the club scorer.
No non-member shall be selected to represent the Club in any match if a paid-up playing member (of any quality of cricket) is available for selection.
The Selection Committee shall have discretion to invite for specific games any guest player(s) to make up the team only if insufficient Club members are available, but any invited guests must be registered with the Cherwell League (and its successors) to play for the club, if this is a league match. The Chair of the Selection Committee shall report all such selections to the next meeting of the MC, explaining why this action was taken.
- ALTERATIONS TO THE CONSTITUTION:
Any proposed alteration to the Club Constitution may only be considered at a General Meeting Annual or Special General Meeting (or a Spring General Meeting in accordance with the provisions in Clause 10 above), convened with the required written notice of the proposal. Any alteration or amendment must be proposed by a Full Member of the club and seconded by another Full Member. Such alterations shall be passed if supported by not less than two-thirds of those Full Voting Members present at the meeting, assuming that a quorum has been achieved.
The club shall appoint a Welfare Officer (CWO) who will:
- Seek to ensure the health and safety and welfare of all members and visitors to the Club and grounds.
- Be the first point of contact for members concerned about child welfare and protection.
- Be familiar with current ECB policy on child welfare (“Safe Hands”) and have a basic understanding of procedures for reporting child protection concerns to statutory agencies.
- To have completed the ECB Safe Hands Workshop and display the Certificate of Attendance in the Club House
- Provide advice to the Club in respect of child protection, implementation of policy recommended by statutory bodies and the ECB; and also matters relating to health and safety.
- Ensure First Aid equipment is available and advise the Club as to further equipment and/or signs which may be needed to protect the health, welfare and safety of all persons using the Club and its grounds.
- Carry out regular risk assessments to ensure that members and visitors to the Club may use the premises and grounds in safety.
The Club Welfare Officer will be a member of the MC with the authority where it is reasonably necessary to:
- Suspend membership as a temporary measure whilst any complaints or allegations are investigated.
- Suspend membership of anyone suspected to be guilty of bullying, racism, sexism or other discriminatory behaviour which is contrary to the current ECB policies in “Safe Hands” and as adopted by the Club and to law
- Issue a temporary prohibition on activities on the club premises or grounds which are considered to be hazardous or may cause harm.
In all such cases, the matter will be reported forthwith to the MC and the Trustees, for approval of the action taken.
- THE GROUND:
The Trustees, The President, Officers and Management Committee Members shall be empowered to act, on behalf of the Club as trustees of the cricket ground, in such a manner as may be satisfactory to the owner of the ground, and will ensure that any conditions laid down by the owner shall be observed and that all rent and rates are paid when due.
No illegal activity will be permitted in The Club and anyone found taking part in such activity may be ejected and barred from further entry to The Club.
Members of The Club have access to all its facilities. However, in the interests of safety and so that all members may have fair and equal use of the training facilities, each playing group shall have access to the playing facilities for the purposes of coaching and training and it should be noted that the times and days of the week for each group will be agreed by the cricket committee and advertised on the Club website
- CLUB PREMISES:
The Club premises shall be in the pavilion, the Cricket Ground, Dyer’s Hill, Burford Road, Charlbury in the County of Oxfordshire.
- CLUB COLOURS AND KIT:
All players who play for the Club are encouraged to wear the club kit when playing in league matches, and all Club kit which is worn should bear the club logo. Players are also to be encouraged to wear the club social shirts after a game, but this is not mandatory.
- CLUB BAR OPENING TIMES AND LICENSING:
The premises licence shall be clearly displayed in the club premises and be strictly adhered to at all times.
No person under the age of 18 years shall be supplied with intoxicating liquor.
- All club monies shall be banked in an account in the name of the club.
- The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position to each meeting of the MC and the Trustees.
- In so far as this constitution gives specific authority to the Treasurer for the time being and having regard to his /her duties set out in para 9 above the Treasurer has authority to accept a loan on behalf of the club up to an amount of £1000 where it is necessary to meet the immediate financial needs of the club ,but in exercising this power the Treasurer shall within 5 working days advise the Club Chair and at least one Trustee of the details of the loan (including its source and details of the name of the donor, his/her address and the terms of repayment including details of any interest to be charged).The Treasurer shall provide a more detailed report of the need for the loan at the following MC meeting The terms of the loan (as set out above) shall be consigned to writing (“the loan agreement”) and signed by the donor, the Treasure and at least one trustee. The loan agreement
- No member of the MC, Trustee or other Member of the Club shall at any time receive cash payments for the provision of services or items provided to the club unless that amount is less than £500 (whereupon a full receipt shall be provided).Under no circumstances should cash payments be received which exceed £500, and if such an offer is made it should be reported immediately by that person to the Treasurer and Club Chair.
- In exercising its powers authorised within the Constitution and within its Memorandum of Association and Articles of Association of the Charitable Company (see para 1 above) all financial arrangements of whatever nature made on behalf of the Club, but particularly those described in Para 9 above or by the Trustees acting together shall be consigned to writing between the relevant parties and reported at the following MC/Trustees meeting
- The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club.
- The financial year will end on the 31st December.
- The Treasurer will present an audited statement of annual accounts at the Spring General Meeting and a Financial report at the AGM. Any cheques drawn against club funds should hold the signatures of the Treasurer plus up to one other Officer.
- PROPERTY & FUNDS:
- 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 shall be reinvested in the club.
2.The club may also in connection with the sports purposes of the club:
- Sell and supply food, drink and related sports clothing and equipment.
- Employ members and remunerate them for providing goods and services, on fair terms set by the MC without the person concerned being present.
- Pay for reasonable hospitality for visiting teams and guests.
- Indemnify the MC and members acting properly in the course of running of the club against any liability incurred in the proper running of the club (but only to the extent of its assets).
- DISCIPLINARY AND APPEALS : (to be read in conjunction with Para 4 above ie. consistent operation of any Appeal System)
Any complaint made by any member and or a person under 18 and /or its parent/guardian must be made in the first instance to the Club Welfare Officer who shall deal with it in accordance with the procedure set out in the ECB “Safe Hands” policy and with regard to the exercise of powers in para 10 above
Every member (including all Officers of the Club and Trustees) shall be subject to all ECB Codes of Conduct. The Club through its MC may at any time draft a new Code of Conduct which shall be adopted by the Club after consultation with the members by publishing a draft copy on the Clubs Website. Subject to any responses the Code of Conduct may be adopted by the MC on behalf of the club 14 days after the date for responses has expired.
All Codes of Conduct shall be set out on the Club Website and at a prominent place within the Clubhouse.
Complaints which allege a breach or breaches of any Code of Conduct should be lodged in writing with the Secretary/Chairman within 14 days of the breach alleged:
The MC shall then appoint a Disciplinary sub-committee (who’s make up shall not include members of the MC) who will meet to hear complaints within 7 days of the complaint being lodged. Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend (or where relevant a parent or guardian) or other representative and to call witnesses. The MC on the recommendation of the Disciplinary (sub-committee) has the power to take appropriate disciplinary action, including the termination of membership.
The outcome of the disciplinary hearing (“the hearing”) shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within 7 days receipt of outcome of the hearing. The MC can extend the period for lodging an appeal out of time, if it appears reasonable to do so.
There shall be a right of appeal to an Appeals Committee (who’s composition shall not include any member of the Disciplinary sub-committee) against either the findings or the sanction imposed or both following disciplinary action being taken. The MC shall immediately appoint an Appeals Committee (a maximum of three) which shall not include members involved with the initial disciplinary hearing (and can include members of the Oxfordshire Cricket Disciplinary Panel if upon request they are willing to partake in the hearing and have no connection with the Club or any party involved) . The Appeals Committee shall consider the appeal within 7 days of the Secretary/Chairman receiving it or as soon as possible thereafter.. The individual submitting the appeal shall be entitled to be accompanied by a friend, or where relevant a parent or guardian or other representative and to call witnesses and or provide any written representations in support of the Appeal. The decision of the Appeals Committee shall be given in writing within 7 days of the Appeal and its decision shall be final and binding on all parties.
- If, at any General Meeting of the Club, a resolution be passed calling for the dissolution of the Club, the Club Secretary/Chair shall immediately convene a Special Meeting of the Club to be held not less than one month thereafter to discuss and vote on the resolution.
- If at that Special Meeting, the resolution is carried by at least two-thirds of the Full Voting Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the Club and discharge all debts and liabilities of the Club.
- The MC and the Trustees will then be responsible for the orderly winding up of the Club’s affairs.
- After settling all liabilities of the Club, the Committee and Trustees shall dispose of the net assets remaining to one or more of the following:
(a) Another club with similar sports purposes which is a registered charity
(b) Another club with similar sports purposes which is a registered
Community Amateur Sports Club
(c) The Club’s governing body for use by them for related community sports.
- A final report and statement of account must be sent to the Charity Commission as per 8.2 of the Memorandum of Association of Charlbury Cricket Club Limited
- February, 2011
- January 2021 CAO/Constitution 2011