Gordonians Cricket Club

RULES/CONSTITUTION OF GORDONIANS CRICKET CLUB

COMMUNITY AMATEUR SPORTS CLUB

1. Name

The name of the Club is Gordonians Cricket Club.

2. Club Purposes

The purposes of the Club are to promote the amateur sport of cricket in the Aberdeen area and community participation in the same. The Club will clarify its purposes in more detail through a specific Mission Statement which will be accessible on the Club website. The membership of the Club will be open (as defined in section 4). The Club will also continue to acknowledge its historical links and ties to Robert Gordon's College and the Gordonian Association, interacting with both to provide opportunities for participation in cricket for students at RGC and Former Pupils of RGC.

3. Permitted means of advancing the Purposes

The Committee has the power to:

1. acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;

2. provide coaching, training, medical treatment, and related social and other facilities;

3. take out any insurance for club, employees, contractors, players, guests and third parties;

4. raise funds by appeals, subscriptions, loans, charges or the organising of any fund raising event that it deems appropriate. Additionally, funds can be raised from commercial sponsorship and advertising;

5. borrow money and give security for the same, and open bank accounts;

6. buy, lease or license property and sell, let or otherwise dispose of the same;

7. make grants and loans and give guarantees and provide other benefits;

8. set aside funds for special purposes or as reserves;

9. invest funds in any lawful manner;

10. employ and engage staff and others and provide services;

11. co-operate with or affiliate to firstly any bodies regulating or organising the Sport of cricket and secondly any club or body involved with it and thirdly with government and related agencies;

12. do all other things reasonably necessary to advance the purposes;

NONE of the above powers may be used other than to advance the purposes consistently with the Rules below and the general law.

4. Membership

1. Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non discriminatory basis.

2. The Club may have different classes of membership and subscription on a non discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.

3. The Club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made to the members.

4. For voting purposes at any General Meeting, EGM or AGM, a member is defined as any person on the active Club contact list as held by the Secretary (providing they are not in arrears with any payment due to the Club), any existing Committee member or any Honorary Vice President of the Club.

5. All General Meetings

1. All members may attend all general meetings of the Club in person.

2. Such meetings need 14 clear days’ written notice to members.

3. The quorum for all general meetings is 8 members present or 10% of the total of the active Club playing contact list (whichever is greater).

4. The President or (in his or her absence) another member chosen at the meeting shall chair the meeting.

5. Except as otherwise provided in these Rules every resolution shall be decided by a simple majority of the votes cast on a show of hands. In the event of a tied vote, the President (or in his or her absence, the person chairing the meeting) will have a casting vote.

6. Formalities in connection with General Meetings (such as how to put down resolutions) shall be decided by the Committee and publicised to Club members.

6. Annual General Meetings (AGM)

The Club will hold an AGM once in every calendar year and not more than 15 months after the last AGM. At every AGM:

(a) the Members will elect a Committee including a President (who will act as Chair), Treasurer and Secretary to serve until the next AGM;

(b) the Treasurer will produce accounts of the Club for the latest financial year audited or independently examined as the Committee shall decide;

(c) the Committee will present a report on the Club's activities since the previous AGM;

(d) the Members will appoint a suitable person to audit or independently examine the accounts;

(e) the Members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting;

(f) the Members will appoint Honorary Vice Presidents and, if necessary, an Honorary President;

(g) the Members will discuss and vote on which competitions the Club will enter in the forthcoming season. If the Club is invited to enter any further competitions after the AGM then it will be left to the Committee to decide whether to do so;

(h) the Members will discuss and vote on any known resolutions that will be on the Agenda of an AGM of any Association that the Club is affiliated to.

(i) the Members shall appoint Captains for each XI to be entered in to competitions for the forthcoming season. In the event of more than one nomination for any captaincy position, the members will vote for those nominated and the nominee with the lowest vote will be eliminated, and further votes will be held until one candidate has a clear majority. In the event that no nominations are received, the Committee will endeavour to fill any captaincy vacancies before the season begins. If any Captain resigns prior to or during the season, the Committee will appoint a replacement.

(j) all votes held will be passed by a simple show of hands. In the event of a tied vote the President (or whoever may be in the chair at any particular time) will have a casting vote.

7. 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 5 members signed by them. Such EGM shall be held on not less than 14 nor more than 21 days’ notice at a place decided upon by the Committee or in default by the President. Other than this, the rules as laid down for General Meetings will apply.

8.The Committee

1. Role

Subject to these Rules the Committee shall have responsibility for the management of the Club, its funds, property and affairs. The Committee shall be responsible for setting up an appropriate Sub-Committee (or Committee) to administer any Junior or Womens sections. The Committee may also draw up any rules or policies, not already covered by the Constitution, which it deems appropriate to the running of the Club. Any rule or policy drawn up by the Committee can be changed by a resolution at any General Meeting, EGM or AGM. The Committee shall also have responsibility for the maintenance of any Club website (this can be delegated) and ensure that any Club rules and policies are available on any Club website for the information of members.

2. Property etc

(a) 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 reinvested in the club.

(b) 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 Finance Act 2002.

(c) The Club may also in connection with the sports purposes of the Club:

(i) sell and supply food, drink and related sports clothing and equipment;

(ii) 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;

(iii) pay for reasonable hospitality for visiting teams and guests;

(iv) 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).

(d) The Committee will have due regard to the law on disability discrimination and child protection.

(e) The Committee will ensure that the playing colours of the Club shall be those defined in the Minute of the Athletic Club Committee of the Gordonian Association dated 30^th July 1928.

3. Composition etc

(a) The Committee shall consist of at least 3 and not more than 12 members (including Officers).

(b) The Committee members may co-opt Club members (up to the maximum permitted number) to serve until the end of the next AGM.

(c) Any Committee member may be re-elected or re-co-opted without limit.

(d) A 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 Committee for good cause after the Member concerned has been given the chance of putting his/her case to the Committee with an appeal to the Club members, or is removed by Club members at a general meeting. The Committee shall fairly decide time limits and formalities for these steps.

4. Committee Meetings

(a) Whenever a Committee member has a personal interest in a matter to be discussed he/she must declare it, 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.

(b) The Committee may decide its own way of operating. Unless it otherwise resolves the following rules apply:

(i) at least 3 members must be present for the meeting to be valid;

(ii) committee meetings shall be held face to face;

(iii) the President or whoever else those present choose shall chair meetings;

(iv) decisions shall be by simple majority of those voting;

(v) a resolution in writing signed by the majority of Committee members shall be valid without a meeting;

(vi) the chair of the meeting will have a casting vote.

5. Delegation etc.

The Committee may delegate any of their functions to sub-committees but must specify the scope of its activity and powers; the extent to which it can commit the funds of the Club; its membership; its duty to report back to the Committee. The Committee may wind up any sub-committee at any time or to change its mandate and operating terms.

6. Disclosure

Annual club reports and statements of account must be made available for inspection by any member and all club records may be inspected by any Committee member or as requested by the Gordonian Association.

9. Amendments

1. These Rules may be amended at a general meeting by two-thirds of the votes cast but not (if relevant) so as to jeopardise the Club’s status as a Community Amateur Sports Club as first provided for by the Finance Act 2002 and not in any event to alter its purposes (unless the procedure set out in 9(b) has been followed) or winding up provisions.

2. The Club Purposes may be changed to include another eligible sport if the majority of the Committee agree and the members also agreed the change by a 75% majority of votes cast.

3. Any change to the Constitution, or any other change which may substantially alter the historical and current stated purposes of the Club, must be notified to the Gordonian Association for their approval and ratification.

10. Winding Up the Club

1. The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.

2. The Committee will then be responsible for the orderly winding up of the Club’s affairs.

3. After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

(a) to another Club with similar sports purposes which is a registered charity and/or

(b) to another Club with similar sports purposes which is a registered Community Amateur Sports Club and/or

(c) to the Club’s governing body for use by them for related community sports.

(d) Any decision to wind up the Club, and the consequent disposal of any assets, are to be notified to the Gordonian Association who must then ratify the decision before the Club is formally wound up.