H&D Club Constitution
HYTHE & DIBDEN CRICKET CLUB CONSTITUTION
1. Title and Purpose
1.1. The Club shall be called Hythe & Dibden Cricket Club (hereafter referred to as the Club) and be conducted and play cricket according to the MCC Laws of Cricket. The headquarters of the Club and main cricket pitch shall be at Ewart Recreation Ground, Jones Lane, Hythe. The Club colours shall be dark green and light green, and its badge two acorns.
1.2. The Club shall play in such competitions organised by outside bodies as the
Management Committee shall determine and then be bound by relevant regulations of those bodies. The Club shall join or participate in such associations, leagues or competitions as the committee may determine and be affiliated to the governing bodies associated with these activities.
1.3. The Club is affiliated to the England and Wales Cricket Board through the Hampshire Cricket Board.
1.4. The Club and its members shall ensure that members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
1.5. The Club and its members shall ensure that members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
1.6 The Club and its members shall ensure that members, playing and non-playing, abide by the ECB Anti-Discrimination Code.
1.7. The Club shall adopt and implement both the ECBs Cricket Unleashed Strategy and the ECB Club Inclusion and Diversity Policy and any future versions of these documents
1.8. The aims and objectives of the Club are:
To offer cricket coaching and competitive opportunities to its members at all levels
To promote the Club within the local community and promote the sport of cricket
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 manage the facilities of the Club
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 the ‘ECB Club Inclusion & Diversity Policy’ and any future applicable versions of these Policies
To provide its services in a way that is equitable to everyone
To ensure that all present and future members receive fair and equal treatment.
1.9. The income and property of the Club shall be applied solely towards promoting the Club's objectives as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, to the Members of the Club.
1.10. The Club shall secure the facilities necessary to support the needs of its members as agreed through the formal means defined herein. This shall include the provision of further playing facilities away from the Ewart Recreation Ground.
1.11. The Cricket Club may choose to hold a Ground Use Agreement, signed between the Cricket Club and Fawley Parish Council, regarding the use of facilities at Thornberry Avenue.
2. Membership, Subscriptions and Fees
2.1. Membership of the Club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, religion or beliefs; or of age, sex, or disability.
2.2. The Club may have different classes of membership and subscription on a non discriminatory and fair basis. The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating
2.3. Application for membership of the Club shall be by completion of a membership application form.
2.4 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 the applicable subscription has been paid by the due date and/or membership has been agreed by the Club Committee (Two days must also have passed since the application for membership was submitted before membership can be granted).
2.5 In exceptional circumstances, and with the approval of the Club Chairman, a candidate for playing membership, may play in matches prior to election, but shall enjoy no other privilege of membership. The fact that a non-playing member plays in friendly matches or informal competitions from time to time under the auspices of the Club shall not require a change to playing membership provided always that any match fee or similar charge is paid.
2.5.1 The Management Committee may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal of membership may be made to the Club’s members and against termination of membership in accordance with section 11.
2.5.2 The Management Committee may only refuse to admit a new member if a resolution is passed at a meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Club Committee to consider at the meeting
2.6 An application for membership for a candidate for Junior membership must be completed in the form prescribed for those categories by the Management Committee, and it must be signed by a parent or guardian, who thereby indemnifies the Club for any damage caused by the member to Club property and warrants his or her behaviour. There may be limited availability of places in these sections. In the event of this possibility, the Junior Section Manager will have received approval from the Management Committee for the basis on which places will be allocated. Junior membership terminates on a player’s 18th birthday, when he or she may apply to transfer to playing or non-playing membership without formality.
2.7 Youth (including junior) members confers no right to attend general meetings, nor to propose or second candidates for members of the Management Committee. Parent(s) or guardian(s) of youth members, who are required to hold either playing or social membership, shall have the right to attend general meetings and vote as they see fit. Children under the age of 18 are treated as youth or junior members as clause 2.6.
2.8 The Club Secretary or nominated Membership Secretary will keep a register of members.
2.9 Membership is not transferable and shall cease on death.
2.10 A member may resign by written notice to the Club, but the return of any subscription paid is at the discretion of the Club Committee.
2.11 The Club consists of the President, Vice Presidents, Honorary Members, Officers (the Management Committee), playing and non-playing social members, youth and junior members.
2.12 The Club in general meeting may elect as an Honorary Life Member any person, whether member of the Club or not, who has rendered especially noteworthy services over a long period of time to the Club or to the game of cricket. Whilst Honorary Life Members are entitled to all membership rights, no subscriptions are due from them, but they may make a donation at their own discretion.
2.13 All members (including the President and Vice President) shall be subject to the Regulations of the constitution and by joining the Club will be deemed to accept these Regulations and codes of conduct that the Club has adopted. The Club has also adopted the ECB Codes of Conduct in respect of equity and the behaviour of its members, including coaches, and supporters.
2.14 A copy of these rules can be found on the club website https://www.hythe-dibdencricketclub.co.uk/
2.15. For the duration of their visit, players and officials of visiting clubs become non-playing members of the Club for the purpose of using Club facilities, but for no other purpose.
2.16. The membership year runs from March 2nd each year until March 1st the same year. A member remains a member of the Club until either the end of the membership year or until resignation, which must be given in writing to the Secretary, or until that person’s membership is terminated by the Management Committee or the Club in general meeting, as provided elsewhere in these rules. The Management Committee has the power to suspend or terminate the membership of any member whose conduct is in its opinion contrary to the interests of the Club or harmful to its reputation. An appeal against termination of membership may be made in accordance with section 11.
2.17. The subscription for each category of membership shall be determined in general meeting. Club scorers and umpires pay no subscription so long as they are active on the Club’s behalf in those posts.
2.18. The joining fee, if any, is decided in general meeting. The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.
2.19. Playing members pay a match fee for each match in which they play, the fee being determined annually in general meeting. Match fees are to be paid to team captains or managers by the end of each match. Any member who fails to pay any match fee so due is barred from playing in any subsequent match until match fees owing have been paid, unless exceptional circumstances apply and the appropriate captain grants dispensation.
2.20. Any member whose subscription is unpaid after 31st May in any season may be required to pay an additional subscription at a level determined in general meeting. If the subscription is unpaid after 30th June then that member is to be reported to the Management Committee (by the Treasurer as committee member responsible for membership and subscriptions). The Management Committee may then impose whatever fine or penalty it considers just under the circumstances, or suspend or terminate membership under the provisions of clause 2.13.
2.21. Any member who is suspended or whose membership is terminated by the Management Committee has the right of appeal, such appeal to be lodged in writing with the Secretary within 14 days of the penalty being imposed.
2.22 Any player participating (including training) who is not a member of the club is not covered by club insurances.
3. Club Management
3.1. The Club is managed by the Management Committee, consisting of the Club Chairman, Secretary (and Administration), Treasurer (Finance Officer), Cricket Development Officer, Youth & Junior Section Managers, Club Welfare Officer (see 3.10) and the Facilities Manager. At least three of the Committee must be unrelated to each other and not co-habiting.
3.2. The Management Committee is responsible for all operations of the Club. All positions are elected each year at the annual general meeting and hold office from the end of that meeting until the end of the next; when officers shall be eligible for re-election. The President of the Club is also ex-officio member of the Management Committee.
3.3. The Management Committee may be supported by a number of sub-committees, whose function and terms of reference shall be defined by the Management Committee. Subcommittees may be established for the following: Facilities, Administration, Disciplinary, Finance, Senior Cricket, Youth & Junior Cricket Sections, Commercial and Marketing/Fund Raising Events. Other ad-hoc committees and/or posts may be established by the Management Committee as it sees necessary, in order to support the execution of the business of the Club. However, in all matters the Management Committee is ultimately responsible. Members of sub-committees are co-opted by the Management Committee. Any sub-committee shall be chaired by a member from the Management Committee. The quorum for any sub-committee is determined at its creation by the Management Committee.
3.4. The Senior Cricket Committee shall consist of its chairman, a representative of the senior captains and the Cricket Development Officer.
3.5. The Junior Section Committee is chaired by the Junior Section Manager and consists of the Cricket Development Officer, and managers/coaches of the teams comprising the Section.
3.6. Each Sub-committee shall report into the Management Committee via its Chairman or their authorised delegate. Minutes of meetings (status reports) shall be issued to the Management Committee for review at their meetings, unless agreed to otherwise by the Management Committee. Sub-committees shall be expected to meet not less than six times per annum.
3.7 The Club Chairman presides over meetings of the Management Committee and defines the agenda. If he is not present, the Club Chairman shall appoint a Vice Chairman to preside in his absence. No executive business may be conducted unless the Chairman has specifically delegated another Management Committee member to stand in his stead. Only those members occupying posts on the Management Committee, or their authorised delegates, may vote on matters of Club business at Management Committee Meetings.
3.8. Where there is equality of voting, the chairman of the meeting has a casting vote. Five Committee members shall make a quorum. The Management Committee has the power to co-opt to meet specific needs, but any co-option lasting beyond the next annual general meeting must be endorsed by that meeting.
3.9. The Committee members shall consider skills needed and diversity on the Committee.
3.10 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. Conflicts of Interest must be recorded and noted.
3.11. The Management Committee - or where deemed urgent, the Club Chairman, Club Secretary, Treasurer, Welfare Officer and Cricket Development Officer together, subject to report at the next committee meeting – is empowered to take all decisions necessary for the management of the Club consistent with these rules. The Management Committee defines the individual responsibilities of its members and shall meet at least once a month during the cricket season and every 3 months during the winter period for the conduct of Club business. They shall also meet approximately one month prior to an Annual General Meeting.
3.12 The Management Committee shall appoint a Club Safeguarding Officer to ensure compliance with safeguarding legislation and the ECB Safe Hands policy. The Club Welfare Office shall be a Committee member and report to relevant Committee meetings and the reports, together with any action taken, must be minuted.
3.13. The Disciplinary Committee shall be responsible for disciplinary hearings of members who infringe the Club rules and regulations, in accordance with section 11.
The Disciplinary Committee shall comprise of a minimum 3 and include Chairman, Vice Chairman and Welfare Officer. The Disciplinary Committee will communicate their findings and recommendations if appropriate to the Management Committee. The Management Committee shall be responsible for taking any action of suspension or discipline following such hearings.
3.14. Captains for each of the adult cricket teams shall be elected at the Cricket Club Annual General Meeting. Such appointments shall normally stand until the end of the season in which their appointment is made, although in exceptional circumstances the Management Committee may terminate an appointment before this point.
3.14. The selection of players to play in each match other than junior matches is made by the captains of each team subject to any directions made by the Chairman of Selectors. The selection of junior teams is made by the Junior Section Manager, who may delegate the responsibility to individual team managers.
4. President
4.1. The President is proposed by the Chairman to the Committee and AGM.
4.2 The President is initially elected at the Annual General Meeting upon the nomination of the Management Committee alone (see 4.1). No seconder is necessary. Whilst the Presidents is entitled to all membership rights, no subscriptions are due from them, but they may make a donation at their own discretion.
4.3 The Club may in a general meeting elect as a Vice-President any person who has rendered notable service to the Club over a period of years. Nomination of Vice Presidents is made by Committee nomination, no seconder is necessary.
4.4 The Management Committee shall determine the number of Vice-Presidents at any one time. Whilst Vice Presidents are entitled to all membership rights, no subscriptions are due from them, but they may make a donation at their own discretion.
4.5 The President and/or Vice Presidents can, by Management Committee proposal, be subject to re-election at any AGM. No seconder is necessary
4.6 As the most senior member of the Club, the President is kept advised by the Club Chairman of all matters of significance affecting Club interests, and is sent a copy of the minutes of Management Committee meetings by the Secretary.
5. Bar and Catering
5.1. The bar, kitchen and clubroom are managed by the Club. Use of the bar shall be restricted to the Cricket Club and managed by the Bar Steward/Manager. The kitchen and clubroom shall be available to both the Cricket and Football Clubs. Any group using these facilities shall leave them in a condition at least as good as when they were found.
5.2. Profits arising from the operation of the bar accrue to the Club’s benefit, and no intoxicating liquor or other refreshment is to be supplied to members on the premises except by or on behalf of the Club.
5.3. The bar may be open for the sale of intoxicating liquor and licensed goods during the hours as determined by the Management Committee, provided at all times it is in accordance with the Licensing Laws as applicable at the time. The Bar Steward/Manager shall have the authority to interpret the agreed time periods depending on the number of members using the Club facilities; such adaptation shall be fair, reasonable and legitimate at all times.
5.4. The Bar Steward/Manager is empowered to select members to work behind the bar, provided always that the terms of any such engagement are agreed to by the Management Committee or subordinate committee before they are entered into.
6. Guests
6.1. Any member of the Club may introduce guests to the clubhouse but must on every occasion enter the name and address of each guest, together with their own name, in the book kept for the purpose. No guest may buy intoxicating liquor or licensed goods in the clubhouse, nor may any guest remain in the clubhouse once his or her host has left it. No person whose membership has been suspended or terminated, or whose membership application has been rejected, may be introduced as a guest.
7. General Meetings
7.1. An Annual General Meeting (AGM) for the Cricket Club shall be held as soon as convenient after the end of the season, at such time and place as the Management Committee decides, to consider reports and to approve accounts for the past year; to elect the Chairman, Vice Chairman and Committee; to appoint an auditor; to fix dues for the ensuing year; and to discuss any resolutions of which due notice is given in accordance with clause 8.3. The Secretary shall give members at least fourteen days notice of the meeting in writing, sent to their last known address. The Annual General Meeting is presided over by the Chairman, or in his absence his nominated Vice Chairman.
7.2. Nominations for the Management Committee are required from one club member (proposer) and are to be seconded by another. If a person is already standing in a committee post and they are prepared to stand in that same post for a further period of office then they do not require proposing at a general meeting. If two or more people are nominated (and agree to stand) for the same committee post, then the members present shall vote by a show of hands. Voting shall take place in the absence of the nominees, with the person receiving the majority of the votes succeeding to the post.
7.3. Any resolution to be considered at the annual general meeting must be proposed by one member and seconded by another and notified to the Secretary in writing at least seven days before the meeting. Not withstanding this requirement, the chairman of the meeting may accept further resolutions at their sole discretion, provided they are duly proposed and seconded as above and relate to the business of the Club.
7.4. An extraordinary general meeting (EGM) may be called by the Management Committee, or by a minimum of 25% of the members entitled to vote on Club business (see 2.8) and upon written application to the Secretary stating the object of such a meeting. The Secretary is thereupon to give at least fourteen days notice in the manner described in clause 8.1. Only business relating to the stated object of the meeting is to be discussed at an extraordinary general meeting.
7.5. The Club Chairman, or in their absence, Vice Chairman, Secretary, or failing him the President, presides at extraordinary general meetings. If none is present and ready to preside fifteen minutes after the advertised time of starting the meeting, the members then present may elect a chairman of the meeting to conduct the meeting.
7.6. At all general meetings, 20 members shall constitute a quorum. Decisions made at a General Meeting shall be by a simple majority vote from those qualified Members attending the meeting. In the event of equal votes, the Chair of the meeting shall be entitled to an additional casting vote.
7.7. Under exceptional circumstances a mail ballot may be adopted on a specific issue of Club policy or resolution. In this respect all members shall be given the option of voting for or against the resolution under consideration; alternatively, they may grant proxy to the Chairman at the Management Committee meeting at which the results of the ballot are reviewed. The time constraints as applicable to an extraordinary general meeting shall apply, as defined in 8.4 above. The constraints on the number of votes cast shall be as defined for a general meeting, see 8.6 above.
8. Finance
8.1. All Club monies shall be banked in an account held in the name of the Club. The Club Treasurer shall be held responsible for the finances of Hythe & Dibden Cricket Club.
8.2. The financial year for the Club shall end on 30 September each year. A certified statement of annual accounts shall be presented by the Treasurer at the AGM.
8.3. Any cheques drawn against Club funds shall hold the signatures of at least two designated officers, whose signature has previously been approved by the Management Committee and is defined as required by the Club bank account.
8.4. The Management Committee shall ensure that the Club is covered by adequate insurance to cover: Employers Liability (limit of indemnity up to at least £10M), Public & Products Liability (limit of indemnity up to at least £5M), Property and Contents as appropriate. The Club shall not be responsible for Members or guests personal equipment cover.
9. Alteration and Interpretation of the Rules
9.1. These rules may only be revoked, added to or amended by resolution passed by a majority of not less than two-thirds of those present and eligible to vote at a general meeting, of which notice has been duly given under rule 8.4, specifying such revocation, addition or amendment as it is intended to propose.
9.2. The Management Committee has the power to interpret these rules and to deal with matters for which provision is not made herein.
10. Exclusion of Liability
10.1. Neither the Club nor any officer shall be liable to any member, or member’s guest, for any loss or damage to any property that member or guest occurring from whatever cause in or about the Club premises; nor for any injury sustained by any member or guest whilst entering or on leaving the Club premises. The Secretary is to ensure that a notice to this effect is displayed in the Club premises throughout the cricket season.
11. Discipline and Appeals
11.1. All complaints regarding the behaviour of Club members should be submitted in writing to the Club Chairman or Welfare Officer. The Disciplinary Committee shall convene to discuss the issue within 2 days of the complaint being made and report to the Management Committee where necessary and the Management Committee shall hear any such complaints within 31 days of a complaint being lodged.
11.2. The Management Committee shall have the power to take appropriate disciplinary action including the termination of an individual’s membership. The outcome of a disciplinary hearing shall be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within 14 days of the hearing.
11.3. There shall be a right of appeal following the announcement of disciplinary action. An ad hoc committee shall be established to hear any appeals; this Disciplinary Committee shall include at least 3 members of the Management Committee (none of whom will have been involved in making the initial decision) but not include the Chairman.
11.4 The Disciplinary Committee shall consider the appeal within 31 days of the Welfare Officer receiving the appeal. The ultimate appeal shall be to the Chairman, after which no further appeal will be offered by the Club. Any member subject to disciplinary action has the right to be supported by a third party during the appeals process.
11.5 Any disciplinary action taken should be recorded to the relevant member in writing and a copy held in the club records by the Welfare Officer.
12. Dissolution
12.1. A resolution to dissolve the Club may only be passed at a general meeting (AGM or EGM) through a majority vote of the membership. In the event of dissolution, the assets of the Club remaining after all debts have been settled are to be disposed of in accordance with the regulations governing Community Amateur Sports Clubs (CASC). A resolution passed in general meeting shall determine the beneficiary of the assets. Any assets remaining after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the Club, but shall be given or transferred to one or more of the following approved sporting or charitable bodies:
1) A registered charitable organisation(s).
2) Another local cricket club that is a registered CASC.
3) The sport's national governing body for use by them for related community sport.
This Constitution was approved by the Club by electronic ballot following its initial approval in committee meeting on 1/11/2011 and supersedes all previous versions.
Amendment made 10/02/2014 at AGM, unanimously agreed.
This constitution (2019) agreed and updated at AGM 1.2.2019
This constitution (2020) agreed and updated at AGM 7.2.2020
This constitution (2023) agreed and updated at AGM 10.2.23
Signed: Mike Bowman Date: 10.2.23
Club Chairman
Signed: Susan Froggett Date: 10.2.23
Secretary
