SAMPFORD PEVERELL & TIVERTON CRICKET CLUB

Club Constitution approved at a committee meeting on 12 February 2019, and recommended

for adoption at the 2019 AGM.

1. Name
The name of the Club is Sampford Peverell & Tiverton Cricket Club, hereafter to be referred
to as "the Club" and the Club shall be affiliated to the England and Wales Cricket Board
through the Devon Cricket Board. The Club name confirms the agreed merger of Halberton
& Sampford Peverell CC with that of Tiverton CC as confirmed at the 05.12.2017 meeting.
The Club shall incorporate a youth section playing under the name of “Sampford Peverell &
Tiverton Youth Cricket Club”. The youth section shall have its own management committee
and financial accounts. It shall provide an annual report of its activities and financial affairs at
the Club AGM.


2. Assets
In confirming the above merger, the assets of both former clubs shall be consolidated to be
administered and maintained as one. Lists of physical assets in the form of groundcare and
playing equipment from both parties to the merger shall be drawn up and attached to this
document.
The finances of both parties shall be merged into one, administered by the management
committee. In the event of a demerger of the two parties before 05.12.2019, the financial
settlement should be proportional to that contributed at the time of the merger. A demerger
requires two thirds of the club membership to be in favour. After 05.12.2019 neither party
shall have any claim over the assets of the new club.


3. Aims and Objectives
 To foster and promote the sport of cricket at all levels within the local area, providing
opportunities for recreation, coaching and competition.
 To manage the Club’s assets and the playing facilities at Whitnage Road, Sampford
Peverell.
 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 good practice for “Inclusion and Diversity in Cricket” by adoption of the
ECB “One Game” concept.
 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, with special
emphasis on the care of vulnerable adults.
 To encourage all members to participate fully in the activities of the club.


4. Membership

(a) Membership of the club shall be open to anyone interested in the sport of cricket, on
application, and on acceptance by the applicant of the relevant code of conduct
issued by the club, 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.
(b) 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.
(c) 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 of the club.
(d) No person shall be eligible to take part in the business of the club or eligible for
selection for any club team unless the appropriate subscription has been paid by the
specified date or membership has been agreed by the Committee. The subscription
shall be deemed to be paid on receipt of the first match fee paid in a playing season
and shall continue until the beginning of the next playing season.
(e) The club Committee 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 Committee who shall appoint an
Appeals Committee to hear the appeal.
(f) 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 those members eligible to vote at
any General Meetings.


5. Classes of Membership


There shall be five classes of membership available. These are:
 Full membership
 Students in full time education and concessionary membership
 Junior membership (Under 18 years of age on 1 st April of the current season)
 Honorary President, Umpires, Scorers and Ground staff.
 Non playing membership.
Unless a junior member has during the current or previous season played in one or more
matches in the senior side then he/she is not eligible to vote on matters concerning the
senior club.
A list of members in each category shall be maintained by the Treasurer or other Officer of
the club. Non playing membership for the coming year shall be agreed at the first committee
meeting following each AGM. Non-playing membership shall not carry voting rights at AGM
or EGM meetings.

6. Officers


The Officers of the club shall be as follows:


Executive Officers
 Chair

 Vice Chair
 Secretary
 Treasurer
 Club Welfare Officer
 Fixture Secretary
 Club Captain(s) – 1 st XI, 2 nd XI and Midweek teams
 Vice Captain(s) – 1 st XI, 2 nd XI and Midweek teams
 Social Secretary
 Hall & Recreation Field Committee Representative
 League Representative
 Junior Membership Representative (with the purpose of representing the opinions of
junior members playing senior cricket)
 Social Media/Website Secretary
 Groundsman
 Training manager
A member may hold more than one office at any time (but no more than 3)
The club membership shall elect an Honorary President Officers at each AGM
No officer is entitled to any remuneration other than receipted expenses incurred in
carrying out the duties of that role.


7. Election of Officers
All Officers shall be elected at an Annual General Meeting 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.
The management committee meeting have the authority to appoint officers without
holding an Annual General Meeting should the need arise. See also section 8c


8. Management Committee
The affairs of the club shall be conducted by a Management Committee (the Committee)
comprising the elected Executive Officers of the club and any additional members co-opted
by the Committee itself. Only members of the Committee shall be entitled to vote at
Committee meetings.
The Committee will be convened by the Secretary and shall meet at agreed intervals and not
less than four times per year.
The quorum required for business to be agreed at Committee meetings shall be 50% of
the number of elected committee members (subject to a minimum of four people (in case
persons hold more than one office).

 

The duties of the Committee shall be:
a) To manage the affairs of the club on behalf of the members.
b) To keep accurate accounts of the finances of the club through the Treasurer.
These should be available for reasonable inspection by members, and should (if
required by the Committee) be audited after adoption at an Annual General Meeting.
The club shall maintain a bank current account and the following Officers shall be
authorised to sign club cheques or authorise electronic banking payments: the Chair,
Vice-Chair, Treasurer and Secretary or another club member approved by the
committee for this role. All payments require authorisation by two persons, i.e. should

one person hold more than one of the above roles, a second signatory must be
obtained.
c) 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 next Annual General Meeting.
d) To make decisions on the basis of a simple majority vote. In the case of equal votes,
the Chair shall be entitled to an additional casting vote.
The Committee 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.
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 Committee for good cause after the
member concerned has been given the chance of putting their case to the Committee.
Appeal against removal may be made to the Appeals Committee. The Committee shall fairly
decide time limits and formalities for these steps.
The Committee has the power to:
(a) acquire and provide, equipment, coaching, training, and playing facilities, clubhouse,
transport, medical and related facilities;
(b) take out any insurance for club, employees, contractors, players, guests and third
parties;
(c) raise funds by appeals, subscriptions, loans and charges;
(d) borrow money and give security for the same, and open bank accounts;
(e) make grants and loans and give guarantees and provide other benefits;
(f) set aside funds for special purposes or as reserves;
(g) invest funds in any lawful manner;
(h) employ and engage staff and others and provide services;
(i) 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;
(j) apply for alcohol licences for special events.
(k) do all other 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 Club rules and the general law.


9. General Meetings


The Annual General Meeting of the club shall be held not later than the end of December
each year. 21 clear days written notice of the Annual General Meeting shall be given to
members by circulating a copy of the notice to every member and posting the notice on the
club notice board (or website). Members must advise the Secretary in writing of any other
business to be moved at the Annual General Meeting at least 14 days before a meeting.
The Secretary shall circulate or give notice of the agenda for the meeting to members not
less than 14 days before the meeting.


The business of the Annual General Meeting shall be to:

a) Confirm the minutes of the previous Annual General Meeting and any General
Meetings held since the last Annual General Meeting
b) Receive the accounts for the year from the Treasurer
c) Receive the annual report of the Committee from the Secretary
d) Elect an auditor (if required under clause 8b)
e) Elect the Officers of the Club (i.e. Chair, Vice Chair, etc.)
f) Review club subscription rates and agree them for the forthcoming year
g) Transact such other business received in writing by the Secretary from members
14 days prior to the meeting and included on the agenda.
Nominations of candidates for election of Offices shall be made in writing to the Secretary at
least 14 days in advance of the Annual General Meeting date. Nominations can only be
made by Full Members and must be seconded by another Full Member.
Special General Meetings may be convened by the Committee or on receipt by the
Secretary of a request in writing from not less than 6 Full Members of the club. At least 14
days notice of the meeting shall be given.
At all General Meetings, the Chair will be taken by the Chairman or, in their absence, by the
Vice-Chairman or a deputy appointed by Full Members attending the meeting. Decisions
made at a General Meeting shall be by a 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 30% of 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 2 from the Chair, Vice Chair, Secretary and Treasurer.
Each voting member of the Club shall be entitled to one vote at General Meetings.


10. Alterations to the Constitution


Any proposed alterations to the club Constitution may only be considered at an Annual or
Special General Meeting, convened with the required written notice of the proposal. Any
alteration or amendment must be proposed by a voting 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 voting members present at the meeting, assuming that a quorum has been
achieved.


11. Finance


All club monies shall be banked, on a timely basis, in an account(s) 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 as required by the Committee.
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 31 October.
The Treasurer will present a statement of annual accounts at the Annual General Meeting.
This statement to be audited following adoption at the AGM.
Any cheques drawn against club funds should hold the signatures of the Treasurer plus
either that of the Chairman or General Secretary. Any electronic banking payment made
shall have dual authorization, by the same officers as above.

Should any person hold assets in their own name on behalf of the club (e.g. premium
bonds) then that person must immediately account to the club for any monies received.
Those assets must also be available on demand.

12. Property and Funds


(i) 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.
(ii) The club may also in connection with the sporting purposes of the club:
(a) sell and supply food, drink and related sports clothing and equipment
(b) remunerate members for providing goods and services, on fair terms set by the
Committee without the person concerned being present
(c) pay for reasonable hospitality for visiting teams and guests
(d) indemnify the Committee and members acting properly in the course of their duties
against any liability incurred in the proper running of the club (but only to the extent of
its assets).


13. Discipline and Appeals


All complaints regarding the behaviour of members should be lodged in writing with the
Secretary.
The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints
within 14 days of a complaint being lodged. Any member requested to attend a Disciplinary
sub-committee shall be entitled to be accompanied by a friend or other representative and to
call witnesses. The Committee has the power to take appropriate disciplinary action,
including the termination of membership.
The outcome of the disciplinary 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 following
the hearing.
There shall be a right of appeal to the Committee against either the finding or the sanction
imposed or both following disciplinary action being taken. The Committee shall appoint an
Appeals Committee (a maximum of three) 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 14 days of the Secretary receiving the appeal.
The individual submitting 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.


14. Dissolution


a) If at any General Meeting of the club, a resolution be passed calling for the
dissolution of the Club, the Secretary shall immediately convene a Special General
Meeting of the club to be held not less than one month thereafter to discuss and vote
on the resolution.
b) 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.
c) The Committee will then be responsible for the orderly winding up of the Club’s
affairs.

d) After settling all liabilities of the Club, the Committee shall dispose of the net assets
remaining to one or more of the following:
 to another club with similar sports purposes which is a registered charity
and/or
 to another club with similar sports purposes which is a registered Community
Amateur Sports Club and/or
 to the Club’s governing body for use by them for related community sports.

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