1. Name
The name of the Club is Sedgwick Cricket 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. Affiliation
The Club is affiliated to the England and Wales Cricket Board through the Cumbria Cricket Board.
The Club and its members shall ensure that members, both playing and non-playing, abide by the ECB Code of Conduct (which incorporates the Spirit of Cricket) and by the Laws of Cricket.
The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for Safeguarding Children and any future versions of the policy.
The Club shall adopt and implement the ECB Cricket Equality, Diversity and Inclusion Policy and any future versions of this policy.
4. Management Committee
The affairs of the Club shall be conducted by a Management Committee (the Committee) comprising the Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer and Match Secretary. Other post holders shall be President, 1st X1 Captain, 1st XI Vice Captain, 2nd XI Captain and 3rd XI Captain, plus a number of other club members if required to ensure that the Committee is comprised of at least 12 members. The Committee is elected at the Annual General Meeting for a period of one year.
4.1 The purpose of the Management Committee is to:
4.1.1 Control the affairs of the Club on behalf of the members. This may include the need to acquire/provide:
- Grounds and equipment required to maintain/enhance the playing facilities.
- Coaching and adequate training facilities
- External coaches and/or training if necessary.
- A Clubhouse for associated social purposes.
- Transport if necessary.
- Medical and related facilities.
- Other facilities as and when necessary.
4.1.2 Manage club finances in the best interest of the Club
4.1.3 Keep accurate accounts of the finances of the Club through the Treasurer.
4.2 The Management Committee has the power to:
4.2.1 Appoint a person from among the Club membership onto the Committee until the next Annual General Meeting to fill any vacancy that occurs during the term of office.
4.2.2 Appoint sub-Committees as necessary and to co-opt Advisers, invited to advise on specialist subjects, who may be non-Club members.
4.2.3 Take out any insurance required to cover liability. Ensure that all Committee members, players, guests and third parties adhere to the necessary rules to be covered by that insurance.
4.2.4 Raise funds by appeals, subscriptions, loans and charges if necessary.
4.2.5 Open bank accounts, borrow money and give security for the same if necessary.
4.2.6 Make grants and loans and give guarantees and provide other benefits if necessary.
4.2.7 Set aside or apply funds for special purposes, or as reserves if necessary.
4.2.8 Deposit or invest funds in any lawful manner if necessary.
4.2.9 Employ and engage staff and others to provide services if necessary.
4.2.10 Co-operate with any organisation, club, sporting body, government or government-related agencies if necessary.
4.2.11. Do all other things reasonably necessary to advance the purposes of the club.
None of the above powers may be used other than to advance the purposes consistently with all the Rules in the Club Constitution and the General Law.
4.3 Management Committee Meetings
4.3.1 Management Committee Meetings shall be convened by the Club Secretary as and when necessary, with the stated intention to have at least six meetings per year. The quorum required for a Committee meeting to be held shall be six members.
4.3.2 Any relevant decision/ruling made at Management Committee Meetings shall be communicated out to the full membership for their information. In some instances, these may include rulings which the membership must adhere to.
4.3.3 All members of the elected Management Committee are entitled to attend Management Committee Meetings as and when they are available to do so and are entitled to vote on any subject raised at those meetings. Decisions will be made on the basis of a simple majority vote. The Chair shall have a casting vote in the event of the votes being tied.
4.3.4 Whenever a Management Committee member has a personal, professional or business interest in a matter to be discussed, he/she must declare it. This includes avoiding actual conflicts of interest as well as the perception of conflicts of interest. Any such disclosure and the subsequent actions taken will be noted in the minutes. Examples of conflicts of interest include:
- A Management Committee member volunteering to join a Disciplinary sub-Committee who is related to the Club member involved.
- A Management Committee member who is also on the committee of another organisation that is competing for the same funding.
- A Management Committee member who has a business interest in a Company that may be awarded a contract to do work or provide services for the Club.
The member must withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned.
4.3.5 Management Committee meetings may be held either in person or by telephone, televisual or other electronic or virtual means agreed by the Management Committee in which all participants may communicate simultaneously with all other participants.
4.3.6 The Chair, or whomever else those in attendance choose, shall preside over meetings.
4.3.7 A resolution in writing signed by every Management Committee member shall be valid without a meeting.
4.4 Bank Accounts
4.4.1 The Club shall maintain a bank current account to manage day-to-day club finances and other accounts, as needed for longer term goals.
4.4.2 Any bank account in which any part of the Club’s funds is deposited shall be operated by nominated Committee members and shall be held in the name of the Club. All cheques and digital banking transactions for payment of money from such accounts shall require appropriate authorisation.
4.4.3 Any debit payments of over £250 are to be detailed in the minutes at the next Committee meeting.
4.5 Property, etc.
4.5.1 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.
4.5.2 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.
4.5.3 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 (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.
- Pay for reasonable hospitality for visiting teams and guests.
- 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).
4.5.4 The Management Committee will have due regard to the law on disability discrimination and the safeguarding of children and vulnerable adults.
4.6 Disclosure
Financial statements should be available for reasonable inspection by members before every Annual General Meeting.
4.7 Termination of Role
An elected Committee 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 Management Committee for good cause after the member concerned has been given the chance of putting their case to the Committee. If a member resigns from the Management Committee, they must also resign from any other position held in the Club.
4.8 Intoxicating Liquor
Intoxicating liquor shall be supplied on club premises to members and on their order to guests in accordance with the permitted hours laid down in the most recent relevant Licensing Act and fixed by the Management Committee under the by-laws of the Club.
5. Membership
5.1 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.
Applications for playing memberships shall be by registration on the Club pages of the Play Cricket website. Prospective members must email the Club Secretary who will then send a document by return email with registration instructions. Once the registration is accepted, payment of the relevant subscription as determined at the Annual General Meeting (AGM) will allow the new member to be eligible for selection. Approval of all registrations shall be at the discretion of the Management Committee who shall not unreasonably withhold acceptance.
5.2 Members with full voting rights shall be in one of the following categories:
- Senior (playing) members.
- Junior members who have represented the Club at a senior level in league or cup during the preceding season.
- Social members.
- Life members.
- President
5.3 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
- Junior (playing) members (U18 on 1 September of the previous year), excepting those Junior members denoted in 5.2 of this Constitution.
- Day members.
5.4 Social members may be requested to play in occasional matches throughout the season as and when required. Social members, at the discretion of the Management Committee, may pay an additional amount on top of the usual match fees for the games in which they play to offset their contribution towards a full playing membership subscription. Parents of Junior members shall be classed as Day members (but shall not have a vote at AGM/EGMs, unless they have paid a subscription to become Social members).
5.5 In order for playing members to attend Club training sessions, or to use the Club facilities for private usage, they must be at least a Social member of the Club to be covered by the Club’s insurance policy. Failure to do so may result in removal of privileges for the person(s) involved, or further sanctions at the discretion of the Management Committee. The Social member subscription can be used towards the full playing member subscription for both Senior and Junior players.
5.6 The Club recognises those who have made special contributions by appointing the following categories of honorary members:
- Life Member – in recognition of outstanding and dedicated long service to the Club over a substantial number of years.
- President – in recognition of valuable service to the Club in an official capacity.
- Day Members – All visitors and guests participating in official Club events (‘day members’) shall be granted special ‘day’ membership.
5.7 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 an applicable subscription has been paid by the date of the last match of the preceding season, unless membership has been agreed by the Management Committee.
5.8 The Club may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal or removal may be made to the Management Committee, who shall then appoint an Appeals Committee to hear the appeal.
6. All General Meetings
6.1 All members may attend all general meetings of the Club in person.
6.2 All members have the right to one vote on general matters.
6.3 Members must be given at least 14 clear days’ notice of all General Meetings.
6.4 The quorum for all general meetings is 13 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, every resolution shall be decided by a simple majority of the votes cast.
6.8 Formalities in connection with General Meetings (such as how to put down resolutions) shall be decided by the Management Committee and publicised to Club members.
7. Annual General Meetings (AGM)
7.1 The Club will hold an Annual General Meeting once in every calendar year, held no later than February 20th each year, unless there are exceptional circumstances. Members must advise the secretary in writing of any other business, proposed by 2 members, to be moved at the Annual General Meeting at least 14 days before the meeting. The Secretary shall circulate or give notice of the agenda for the meeting to members not less than seven days before the meeting. Notice of the agenda will be posted on the club website and the club noticeboard.
The purpose of the AGM shall be:
7.2 Approval of the minutes of the last Annual General Meeting and any intervening General Meetings.
7.3 Presentation of accounts for Club to the 31st December of the preceding year from the Treasurer
7.4 Presentation of the Club report from the Chair and the team reports from the captains
7.5 Election of Officers, Captains, Postholders, the Committee, the selection committee, the ground committee to serve until the next AGM. Officers of the club shall consist of a Chair, Vice Chair, Secretary, Treasurer, Club Welfare Officer and Match Secretary. Other postholders of the club shall consist of President, Team Captains and 1st XI Vice Captain, Grounds Committee and Selection Committee.
7.5.1 Nominations and voting for the election of Officers, Postholders, The Committee, the Selection Committee and the Ground Committee shall be confined to:
- Full Members as denoted in 5.2 of this Constitution
- Life Members
- Officers of the Club and Committee for the preceding year
- Junior members who have represented the Club at a senior level at league or cup during the preceding season.
All candidates nominated must have been a member of the Club for at least one calendar year.
7.5.2 Nominations of candidates for the election of Officers, Postholders, The Committee, the Selection Committee and the Ground Committee shall be made in writing to the Secretary at least 14 days in advance of the AGM date. Nominations can only be made by full members and seconded by a full member.
7.6 Agree annual subscriptions for playing members (both seniors and juniors) and social members. Junior members shall be those members that will be under the age of 18 when subscriptions are due. Life members do not pay a subscription. Those playing members in full time education or are unemployed at the date when subscriptions are due shall pay an annual subscription equivalent to one half of that paid by the playing members. Members joining after the 30th June shall be set a subscription as the Management Committee considers appropriate.
7.7 Agree when annual subscriptions are due, nominally the first Saturday of the league season and confirm the eligibility of unpaid members to represent the Club in league or cup matches.
7.8 Agree the level of match fees for all matches played by teams representing the Club.
7.9 Vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting. Voting on all other matters shall be open to all classes of membership.
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 of not less than 12 members signed by them.
Such an 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 requisitioner’s may themselves call a meeting, the costs of which will be reimbursed by the Club.
9. Removal of Membership, Discipline and Appeals
9.1 If in the opinion of the Committee, the conduct of any member either inside or outside the Club is such as to cause injury to the Club’s reputation or is against the interests of the members as a whole, they may initiate the Disciplinary process against that person.
9.2 Any complaints regarding the conduct or actions of a member, guest or volunteer initiated by another Club member must be lodged in writing with the Secretary within 7 days of the alleged incident. This will also trigger the initiation of the Disciplinary process against that person.
9.3. Any person that is the subject of 9.1 or 9.2 shall be notified in writing within 7 days of the submission of the complaint. This notification will include information regarding the procedures to be initiated following the complaint.
9.4 The Committee shall then appoint a Disciplinary Sub-Committee who will meet to hear complaints within 21 days of the submission of the complaint. Any person requested to attend a Disciplinary Sub-Committee hearing will be:
9.4.1 Notified by the Disciplinary Sub-Committee of the date and time of the hearing, ensuring that there is reasonable time for the person to prepare for it. If the person has a valid reason as to why they cannot attend the hearing on that date, another date and time must be agreed which is convenient for all involved.
9.4.2 Entitled to be accompanied by a friend or other representative and to call witnesses at the hearing.
9.5 The Disciplinary Sub-Committee, after affording the member a fair and honest hearing, has the power to take appropriate disciplinary action on behalf of the Committee if they find the person culpable of the complaint lodged. They may either suspend that member for a period of no less than one month, terminate that person’s membership or exclude the person from Club premises depending upon the severity and nature of the offence.
9.6 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.
9.7 There shall be a right of appeal to the Management Committee within 14 days of receipt of the disciplinary decision or decision to refuse membership. This appeal must be in writing and can be against either the Disciplinary Sub-Committee’s findings or the sanction imposed or both.
9.8. In either case, the Committee shall appoint an 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. If the person has a valid reason as to why they cannot attend the Appeal hearing on the date set, another date and time must be agreed which is convenient for all involved. 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. Property Trustees
10.1 Any property or assets of the Club may be vested between two and four Trustees. The trustees shall hold the same for, and on behalf of, the members of the Club.
10.2 The Committee shall have power by notice in writing to appoint such Trustees from the membership of the Club, and may remove them at any time, by resolution of the Management Committee.
10.3 The Trustees shall deal with the Club’s property and assets as directed by the Management Committee from time to time.
10.4 The Trustees shall be entitled to be indemnified against any cost or expense properly incurred in dealing with the property or the assets out of the Club’s funds.
11. Notices
11.1 Notices to be sent out in accordance with these Rules may be sent by hand, by post or by suitable electronic means and will be treated as being received:
- 24 hours after being sent by electronic means or delivered by hand to the relevant address.
- Two clear days after being sent by first class post.
- Three clear days after being sent by second class post.
11.2 Notice of all Annual General Meetings must also be put on the Club’s notice board(s) and website (if any).
11.3 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.
12. Amendments to the Constitution
12.1 Any proposed alterations to the Club Constitution may only be considered at an Annual or Extraordinary General Meeting and must receive two-thirds of the votes cast at that meeting (assuming that a quorum has been achieved) in order to proceed with any changes.
12.2 The Management Committee will duly appoint a sub-Committee to re-write the amendments to produce a draft Constitution which must then be accepted by the full Management Committee at their next Committee meeting after completion of the amendments. Care must be exercised in writing the amendments to ensure the Club’s status as a Community Amateur Sports Club is not jeopardised.
13. Dissolution of the Club
13.1 The members may vote to dissolve the Club if not less than three quarters of those present and voting support that proposal at a properly convened General meeting.
13.2 The Management Committee will then be responsible for the orderly dissolution of the Club’s affairs.
13.3 After settling all liabilities of the Club, the Management Committee shall dispose of the net assets remaining, including the land, to one or more of the following:
- to an appropriate local Community organisation; and/or
- to another Club with similar sports purposes which is a charity; and/or
- to another Club with similar sports purposes which is a registered CASC; and/or
- to the Club’s National governing body for use by them for related community sports.
