High Ercall Tennis Club

Constitution
adopted on the 2nd day of July 2003

 

The name of the Association is High Ercall Tennis Club ("the Club")

 

Subject to the matters set out below the Club and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee, constituted by clause 8 of this constitution ("the Executive Committee").

 

The objects (“the objects”) of the Club shall be to provide facilities for and promote the sport of tennis.

 

In furtherance of the objects but not otherwise the Executive Committee may exercise the following powers:

(i)    power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;

(ii)   power to buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use;

(iii)   power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Club;

(iv)   power subject to any consents required by law to borrow money and to charge all or any part of the property of the Club with repayment of the money so borrowed;

(v)    power to employ such staff (who shall not be members of the Executive Committee) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependants;

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

(vii)  power to establish or support any charitable trusts, associations or institutions formed for all or any of the objects;

(viii) power to appoint and constitute such advisory committees as the Executive Committee may think fit;

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

 

(1) Membership of the Club shall be open to any person interested in furthering the objects and who has paid the annual subscription laid down from time to time by the Executive Committee.

(2) The following membership categories shall exist:
    (i)            Senior    a member of at least 18 years of age;

    (ii)           Junior     a member who on the 1st January in that year
                                    has not attained the age of 18;

    (iii)          Special  a member who plays on one specified morning
                                    only per week;

    (iv)           Student  a member who is in full time education at an
                                    establishment of Further Education;

    (v)            Holiday  a member staying temporarily in the locality who
                                    shall pay such a subscription as agreed by the
                                    Executive Committee which shall be reasonable
                                    in all the circumstances;

    (vi)           Country  a member of at least 18 years of age who lives
                                    at least 20 miles from the club.

(3) There must be lodged with the Club’s Secretary a written nomination of every person who wishes to become a member stating the name and address of such person and signed by the prospective member and two members as proposer and seconder respectively.

(4) The names and addresses of every person nominated for membership shall be displayed on the Club’s noticeboard prior to acceptance by the Executive Committee.

(5) A person nominated for membership shall become a member if he or she is elected as such by the Executive Committee. A vote shall be taken amongst the Executive Committee members with a simple majority being required for applicants to be elected.

(6) The Secretary shall keep a register of members and enter in it the names and addresses of all persons who become members.

(7) Every member shall have one vote.

(8)A member shall cease to be a member if he or she gives to the Secretary written notice of resignation of membership

(9) The Executive Committee may by unanimous vote and for good reason terminate the membership of any individual: Provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision is made.

 

a.  The annual subscription of the Club shall be payable by 1st April in each year for the then current calendar year.

b.  The annual subscription and other fees shall be fixed by the Executive Committee in accordance with such resolution passed at the Annual General Meeting of the Club or any Special General Meeting of the Club and will therefore vary from year to year.

 

At the annual general meeting of the Club the members shall elect from amongst themselves a president, a chairman, a vice-chairman, a secretary, a treasurer, a men’s captain and a ladies’ captain, who shall hold office from the conclusion of that meeting.

 

(1) The Executive Committee shall consist of not less than 9 members nor more than 15 members being:

(a) the honorary officers specified in the preceding clause;

(b) not less than 2 and not more than 8 members elected at the annual general meeting who shall hold office from the conclusion of that meeting;

(2) The Executive Committee may in addition appoint not more than 2 co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than one third of the members of the Executive Committee would be co-opted members. Each appointment of a co-opted member shall be made at a special meeting of the Executive Committee called under clause 11(1) and shall take effect from the end of that meeting unless the appointment is to fill a place which has not then been vacated in which case the appointment shall run from the date when the post becomes vacant.

(3) All the members of the Executive Committee shall retire from office together at the end of the annual general meeting next after the date on which they came into office but they may be re-elected or re-appointed.

(4). The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.

(5) Nobody shall be appointed as a member of the Executive Committee who is aged under 18 or who would if appointed be disqualified under the provisions of the following clause.

(6) No person shall be entitled to act as a member of the Executive Committee whether on a first or on any subsequent entry into office until after signing in the minute book of the Executive Committee a declaration of acceptance and of willingness to act in the trusts of the Club.

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

(1) becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;

(2) is absent without the permission of the Executive Committee from all their meetings held within a period of six months and the Executive Committee resolve that his or her office be vacated; or

(3) notifies to the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office when the notice of resignation is to take effect).

No member of the Executive Committee shall acquire any interest in property belonging to the Club (otherwise than as a trustee for the Club) or receive remuneration or be interested (otherwise than as a member of the Executive Committee) in any contract entered into by Executive Committee.

 

(1) The Executive Committee shall hold at least two ordinary meetings each year. A special meeting may be called at any time by the chairman or by any two members of the Executive Committee upon not less than 4 days' notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than 21 days' notice must be given.

(2) The chairman shall act as chairman at meetings of the Executive Committee. If the chairman is absent from any meeting, the members of the Executive Committee present shall choose one of their number to be chairman of the meeting before any other business is transacted.

(3) There shall be a quorum when at least one third of the number of members of the Executive Committee for the time being or three members of the Executive Committee, whichever is the greater, are present at a meeting,

(4) Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.

(5) The Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Executive Committee and any sub-committee.

(6) The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.

(7) The Executive Committee may appoint one or more sub-committees consisting of three or more members of the Executive Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by a sub-committee : provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Executive Committee.

(1) The funds of the Club, including all donations contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Club at such bank as the Executive Committee shall from time to time decide. All cheques drawn on the account must be signed by at least two members of the Executive Committee.

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

(1) Subject to the provisions of sub-clause (2) of this clause, the Executive Committee shall cause the title to:

(a)     all land held by or in trust for the Club and

(b)     all investments held by or on behalf of the Club;

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

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

1. The financial year of the Club shall end on 30th September in every year to which day the accounts shall be balanced and drawn.

2. As soon as is practicable after the end of the financial year there shall be prepared a statement of the assets and liabilities of the Club at the end of the financial year and a statement of income and expenditure during that year which statements shall be audited by the auditor not less than twenty eight days before the Annual General Meeting.

3. Copies of the audited statement of accounts shall be available to every member at the Annual General Meeting.

4. The auditor should not be a member of the Club. He shall be appointed by each Annual General Meeting and shall hold office until the end of the next following Annual General Meeting.

(1) There shall be an annual general meeting of the Club which shall be held in the month of December in each year or as soon as practicable thereafter.

(2) Every annual general meeting shall be called by the Executive Committee. The secretary shall give at least 21 days' notice of the annual general meeting to all the members of the Club. All the members of the Club shall be entitled to attend and vote at the meeting.

(3) Before any other business is transacted at the first annual general meeting the persons present shall appoint a chairman of the meeting. The chairman shall be the chairman of subsequent annual general meetings, but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairman of the meeting.

(4) The Executive Committee shall present to each annual general meeting the report and accounts of the Club for the preceding year.

(5) Nominations for election to the Executive Committee must be made by members of the Club in writing and must be in the hands of the secretary of the Executive Committee at least 14 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.

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

(1) The secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Club.

(2) There shall be a quorum when at least one tenth of the number of members of the Club for the time being or ten members of the Club, whichever is the greater, are present at any general meeting.

 

 

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

The Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.

 

(1). There shall be no play when the courts are unfit.

(2). Members shall not, except in exceptional circumstances authorised by club officers, play more than one short set on any one court when other members are waiting to play at club sessions.

(3). No members shall be entitled to play in club competitions or in club matches until his/her subscription has been paid.

(4). Junior members may only play with senior members at club sessions if their standard of play is approved by the Committee. Other junior members may play if courts are available.

(5). During play tennis shoes and sportswear must be worn and for this purpose track suits are permissible. The decision as to whether tennis clothes are appropriate is that of the Executive Committee whose decision shall be final.

 
21 Visitors

 

Any member may introduce a visitor and the name of the visitor shall be entered on the visitors sheet. Such visitors may play on payment of a fee (as decided in accordance with clause 6). Each visitor is entitled to make up to three visits after which time they shall only be entitled to play on becoming a member.

 
22 Dissolution.

If the Executive Committee decides that it is necessary or advisable to dissolve the Club it shall call a meeting of all members of the Club, of which not less than 21 days' notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have power to realise any assets held by or on behalf of the Club. No profits or surpluses will at any time be distributed to members and if on the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to another CASC (Community Amateur Sports Club), a registered Charity or the Sport’s Governing Body, as the members may determine.