RULES OF THE ILLINGWORTH (ST MARY’S) CRICKET CLUB LTD
(Registered under the Industrial and Provident Societies Act 1965)
(Register Number: 14015 R York)
1. Name and Objects
The society (hereinafter called “The Club”) shall be named the Illingworth (St Mary’s) Cricket Club Limited, and its object shall be to carry on the business of the Club for the promotion of the game of cricket and other athletic sports and pastimes and in pursuance of this object it may establish, maintain and conduct a Cricket Club for the accommodation of the members of the Club, and generally to afford to them all the usual privileges, advantages, conveniences and accommodation of a Club.
The Registered Office shall be in England and shall be at Bousefield Waite & Co, Prescott Chambers, Halifax, West Yorkshire, HX1 2JL. In the event of any change in the situation of the Registered Office, notice of such change shall be sent within 14 days thereafter to the Registrar in the form prescribed by the Treasury Regulations.
3. Seal of the Club
The Club shall have its name engraved in legible characters upon a seal.
The Seal shall be in the custody of the Secretary or such other officer as the Committee appoint, and shall be used only under the authority of a resolution of the Committee; the date shall be mentioned on the instrument to which the Seal is attached, and shall be attested by at least two officials and countersigned by the Secretary.
4. Use of Name
The Registered name of the Club shall be kept painted or affixed on the outside of every office or place in which the business of the Club is carried on, in a conspicuous position in letters easily legible and shall be engraven in legible characters on its Seal, and shall be mentioned in legible characters on all notices, advertisements and other official publications of the Club, in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the Club, and on all bills of parcels, invoices, receipts and letters of credit of the Club.
The Club shall have full power to do all things necessary or expedient for the accomplishment of all objects specified in its Rules, including the power to purchase, hold, sell, mortgage, rent, lease or sub-lease, lands of any tenure, and to erect, lease, sub-lease, pull down, repair, alter or otherwise deal with any building thereon is made for membership and returned in case the application is refused.
No member shall hold more than one share, and no interest or dividend shall be paid on it. Shares shall not be transferable. A member shall forfeit the share value 5p on ceasing from whatever cause to be a member. For the avoidance of doubt the Club may employ anyone for the furtherance of the business of the Club and for the promotion of the game of cricket.
6. Application for Membership
The first members of the Club shall be:-
a)Every person who has paid an entrance fee to, and was at the date of registration of the Club, a member of the unincorporated Club known as Illingworth St Mary’s Cricket Club.
b)Every applicant for membership must sign an application form for one share of the value of 5p and must sign such (if any) declaration of his concurrence with the adherence to the purposes of the Club as shall be required by the Committee. The present name and address and occupation of each candidate shall be posted up in the Club at least two days prior to his name being submitted to the Committee for his election. The candidate shall be elected a member if the majority of the Committee vote in favour of the candidate.
Membership shall be open to all, irrespective of age, disability, race, ethnic origin, colour, social status and sexual orientation.
7. Honorary and Life Members
(1)On the recommendation of the Committee, any person being a member of the Club may, at any general meeting of the Club, be elected a Life Member of the Club, with or without any special payment for such life membership. A two-thirds majority of those present, and voting shall be necessary to such election. Every life member shall be entitled to all the privileges and be subject to all duties of a member of the Club during his life.
(2)Persons who shall be entitled to use the Club House of the Club in the same manner as any other members may use it, but shall not be entitled to use the Cricket Grounds and other premises of the Club for the playing of Cricket on more than seven days in one year, shall be termed and hereinafter referred to as “Honorary or Non-Playing Associates”.
(3)Spouses and children of the family of any member may be admitted as Family Members of the Club and shall be entitled to use the Club House on such occasions and on such conditions as the Committee think fit, but shall not be entitled to vote at any meeting of the Club and shall have no claim on the Club or its property. The number of family members shall not be significant in relation to the total membership of the Club.
8. Amount of Subscription
The annual subscription payable by members of the Club on May 1st in each year shall be such amount as may be determined by the members in general meeting.
9 . Arrears of Subscription
Any member whose Annual Subscription is unpaid on the 31st day of December in each year shall cease ipso facto to be a member of this Club and shall forfeit all right in the claim upon the Club and its property, but may be re-instated at the discretion of the Committee, on payment of all arrears.
10. List of Members Addresses
The Committee shall, in the event of intoxicants being consumed in the Club, keep thereat a list of names and addresses of the members, as required by the Licensing 1964, or any amendment or re-enactment of it. Every member shall, within 14 days, give notice to the Secretary of any change in his/her address.
11. Cessation of Membership
Members shall cease to be members:-
(a)By non-payment of subscription; any member whose membership has ceased from this course shall not again be nominated for membership unless he/she previously pays all arrears due from them at the time of their ceasing to be a member and applies for a new share in accordance with Rule 7.
(c)By resignation; but any member wishing to resign must send written notice to the Secretary, and the notice must be accompanied by the subscriptions due up to the date of its taking effect.
12. Committee may Expel from Membership
The Committee shall have power to reprimand, suspend or expel any member who shall infringe any rule, or whose conduct, whether within or without the Club House, shall, in their opinion render him/her unfit for membership; but no member shall be suspended or expelled without being first summoned before the Committee to explain their conduct and opportunity given to advance a defence, nor unless a majority of two thirds of the Committee then present shall vote for their suspension or expulsion.
Every member so summoned shall receive at least three day’s notice in writing from the Secretary; such notice shall contain a statement of the charge brought against them.
A suspended member shall remain liable to pay their subscription.
13. Right of Appeal
A member suspended, or expelled, shall have the right to appeal only to the arbitrators appointed and under the conditions prescribed in Rule 28.
No appeal shall be heard unless application be lodged in writing with the Secretary of the Club within one month after writing Notice of Suspension, or expulsion has been served upon the member.
The arbitrators shall have full power to alter or rescide such suspension or expulsion as they may think fit and there shall be no appeal from their decision.
1.A General Meeting of the members shall be held in each year, on a date to be fixed by the Committee, of which at least 10 days’ notice, with an agenda of the business to be conducted at such meetings, shall be posted in the Club; to receive a statement of Accounts and Balance Sheet, and the report of the auditor unless the auditing requirement is disapplied at any time for the previous twelve months; and such other business as may be submitted by the Committee, or by an member who shall have given notice in writing of the Motion they propose to make, at least nine days before the date of such meetings; and a Report by the Committee, for the year, shall be presented.
Special General Meetings
How to be called
2.A Special General Meeting shall be called by the Secretary in the following cases:-
(a)Upon the direction of the Committee, and in accordance with such direction.
(b)On a requisition, signed by one-seventh of the financial members, stating the special object thereof. Such meeting shall be held within not less than 14 days and not more than 21 days from the date of receipt by the Secretary of the Requisition.
(c)As mentioned in Rule 17, Section 3.
Notice to be given
3.Notice of any Special General Meeting, and of the objects of which it is called, shall be posted by the Secretary in the Club House at least 10 days prior to the date of the meeting, except in the case of a Special General Meeting called by the Secretary under the provision of Rule 17, Section 3. Should the Secretary not convene a Special General Meeting in the manner required hereby for seven clear days after a duly signed requisition has been delivered to him, any of the requisitionists may call such meeting, giving such notice as it provided by this Rule.
4.No other business than that named in the notice shall be brought before a Special General Meeting.
5.A General Meeting may proceed to business if ten members are present within an hour after the time fixed for the meeting, otherwise the meeting, if a Special General Meeting convened on the requisition of the members, shall be dissolved; but if an Ordinary Meeting, or a Special Meeting convened by order of the Committee, it shall stand adjourned to the week following at the same time, and the meeting so adjourned may proceed to business, whatever be the number of members present. No meeting shall become incompetent to transact business from the want of a quorum arising after the Chair has been taken.
6.Any General Meetings, duly constituted may adjourn to such time as the members present direct, and may continue any such adjournment from time to time. No business shall be brought on at any adjourned meeting which could not have been transacted at the original meeting.
7.No resolution passed by the General Meeting of a Committee Meeting shall be rescinded, unless notice has been given at a previous General or Committee Meeting, as the case may be.
8.Every member present and not disqualified by arrears shall be entitled to one vote.
1.The Secretary shall be supplied by the Committee with copies of the Rules and shall be bound to deliver a copy to any member, on demand.
2.These Rules may be amended only at a General Meeting called for that purpose, but notice of any proposed amendment shall be posted in the Club for at least 10 days previous to the meeting to which the amendment is to be submitted, and any amendment shall require a majority of at least two-thirds of the members present at such a meeting.
3.The Committee shall have power to make such by-laws as it may consider necessary for the good Government and Order of the Club, provided that no such by-laws shall be posted in a conspicuous place within the Club House.
Powers of the Committee
1.The Committee shall consist of the President, Chairman, Vice Chairman, Secretary, Treasurer, and Committee persons. The Committee shall control the management of the Club, and shall have exclusive power to engage or dismiss and fix the remuneration of any paid servants. It shall have power to purchase such articles and do all such things as it may deem necessary for the carrying out of the objects of the Club. It shall have due regard to any resolution or recommendation of any General or Special Meeting. But nothing in these Rules shall enable the Committee to declare any dividend or make any monetary grants to the members, or apply the Club funds, except for the purposes of the Club itself, and for the purposes specified in Rule 21. The Committee shall meet regularly for general business, and the Chairman, or in his absence the Vice Chairman, shall preside, and shall have a casting vote, in addition to their vote as a member, and ten shall form a quorum.
No resolution of the Committee shall be rescinded unless notice to rescind has been
given at the previous meeting of the Committee.
Retirement, Vacation or Cessation of Membership
2.Any Committee members not attending for three consecutive meetings shall, unless they send an explanation which the Committee consider satisfactory, cease to be a member of the Committee. Any member who is suspended under Rule 13, or who shall cease membership of the Club by any reason, shall vacate their seat. Any vacancy so occurring, or by any other cause, may be filled by the Committee. The Committee members shall retire every three years, but shall be eligible for re-election. Any member selected to fill a vacancy by the Committee at the next AGM but shall be eligible for re-election shall retire. Where this rule does not apply, the retiring Committee shall be selected by ballot by the Committee.
Removal or Resignation
3.The Committee, or any member or members thereof, except the President, may be removed by a majority of two-thirds of the members present at a Special General Meeting called for that purpose. In the event of the removal, or the resignation of the whole or the majority of the Committee, the Secretary shall obtain propositions and appoint scrutineers and arrange for holding a ballot, and the result shall be declared to a Special General Meeting to be called by the Secretary. The times and notices required by Rule 15 for Special General Meetings shall not apply in this case, but three days shall be allowed for propositions, the ballot shall be held on the succeeding three days and the Special General Meeting within three days of the close of the ballot.
Finance and Sub-Committee
4.The Committee may, at the first meeting following each election, select a sub-committee to be called the Finance Committee. In the event of the selection of a Finance Committee it shall be the duty of the Finance Committee to take a record of the stock of goods held by the Club on the first convenient day of each month, either by themselves or by an agent duly appointed for that purpose; check all demands for payment with the order book of the Club, and with the delivery notes and invoices; and to report to the whole Committee whether such stock vouchers the correctness of the returns made to the Club by the Steward, and whether the demands are in order and correct. It shall see that the vouchers are produced by the Secretary for all payments made by him or by order of the Committee; or shall especially be the duty of the Finance Committee to report to the next meeting of the whole Committee whether the Secretary’s Cash Book has been duly made up each week and that the amount there shown as standing to the credit of the Club appears also in the Treasurer’s book or books, and in the pass-book of the bank with which the current drawing account of the Club is kept in the name of the Club. These books, duly made up to date, shall be laid upon the table at each Committee Meeting. The proceedings of the Finance Committee shall be recorded by the Secretary in a minute book kept for that purpose. All cheques drawn upon the Club’s account shall be signed by at least one member of the sub-committee other than the honorary officer.
The Committee may appoint sub-committees as occasion requires. Such sub-committees shall be responsible to the Committee, and all monies voted for the use of or received by the sub-committee shall be dealt with in accordance’s with Rule 18 (3).
5.The Committee or any officers authorised by them, shall have power to give orders for such goods to be supplied and work to be done as may be necessary for carrying out the purposes of the Club; but nothing in this Rule shall empower the Committee to incur expenditure except such as is consistent with the purposes for which the Club is established.
1.The Officers of the Club shall consist of a President, Chairman, Vice Chairman, Secretary, Treasurer and Safeguarding Officer. They shall have been financial members for not less than six months at the date of nomination for election (Rule 27 Section 1), elected by ballot at the Annual General Meeting and shall remain in office until their successors are appointed. Any of the Officers shall be removable at any time by a majority of three-fourths of the members present at a Special General Meeting called for that purpose.
In the event of a vacancy arising amongst the Officers by death, resignation or other cause, the Committee shall have power to elect a member to fill the vacancy until the next General Meeting. Any Officer shall vacate his office if suspended for membership under Rule 13, or on ceasing membership from any cause.
2.The Chairman shall take the Chair at all meetings of the Club, or of any Committee held under these Rules, and have a casting vote, in addition to his vote as a member, in the event of equality of voting, as provided in Rule 17. In his absence the Chair shall be taken as provided in Rule 17 (1).
3.The Treasurer shall be responsible for the paying into the Bank of all monies received by the Club from all sources, without any deduction for any purpose whatever, to the credit of any account opened in the name of the Club at such Bank and in such manner as the Committee may direct, and further, shall keep such accounts and pay such debts of the Club as the Committee shall direct, and shall, when required to do so, render to the Committee or a General Meeting an account of any monies received and expended by him and shall render to the AGM in any event an income and expenditure accountant balance sheet which shall have been inspected by two other Committee members and the Secretary.
Secretary: General Duties
4.The Secretary shall, in the event of intoxicants being consumed in the Club House, keep upon the Club premises on 7 day’s notice by those requiring to inspect the same a list of names and addresses of the members of the Club, and a subscription book or books, in which shall be recorded the payments of such members. He shall carry out the directions of the Committee and, subject to such direction, shall receive monies on account of the Club, and pay the same to the Treasurer, and keep such accounts as the Committee may direct. He shall attend all meetings. take minutes of the proceedings, prepare balance sheets and submit the same to the auditor (unless the auditing requirement is disapplied).
Annual Return to Registrar
5.The Secretary or the Treasurer shall send to the Registrar once in every year, and must be submitted to the Chief Registrar within the time allowed by the Legislation, an annual return relating to the Club’s affairs, for the period required by the Industrial and Provident Societies Acts, to be included in the return, together with a copy of the report of the auditor on the Club’s accounts for the period included in the return and a copy of each balance sheet made during that period and of any report of the auditor on that balance sheet as required by the Legislation. The annual return shall be made up for the period beginning with the date of which the Club’s last annual return was made up, and ending with the date of the last balance sheet published by the Club before 31st March in the following year, so if the date of that balance sheet is earlier than 31st August, or later than 31st January, with 31st December. The annual return must be made in the form prescribed by the Chief Registrar, and contained such particulars as may from time to time be required by the return.
Copies to Members
6.A copy of the last Annual Return, together with a copy of the Report of the auditor (unless the audit requirement is disapplied) on the accounts and balance sheet contained in the return shall be supplied gratuitously on demand to every member or person interested in the funds of the Club.
7.A copy of the account, or accounts and balance sheet covering the period included in an annual return, as audited and the report of the auditor (unless the audit requirement is disapplied) on the balance sheet and accounts, shall be posted in the registered office and shall be kept always hung up in a conspicuous place at the said office.
Return to Justices’ Clerk
8.In the event of intoxicants being consumed in the Club House the Secretary shall comply with the Licensing Act 1964 (as amended) for the supply of particulars to the local Licensing Committee.
Inspection of Books by Members
9.It shall be the right of any member or person having an interest in the funds to inspect at the Registered Office, or wherever they are kept, the minute books, books of account and books containing the names of the members of the Club, at all reasonable times, and it shall be the duty of the Secretary to produce the same for inspection accordingly; but no person unless an Officer of the Club, or specially authorised by a resolution thereof, can inspect the loan or deposit account of any other member without his written consent.
18. Team Selectors
There shall be elected by ballot at the Annual General Meeting in each year, such a number of persons as the members shall determine whose duty it shall be to select weekly the teams for fulfilling each of the fixtures arranged by the Committee.
The team chosen by the duly elected selectors shall be final and conclusive.
19.1The Club disapplies Section 4 of the 1965 Act in accordance with the Deregulation (Industrial Provident Society) Order 1996.
19.2At the Annual General Meeting of Members, a vote shall be taken as to whether the annual accounts shall continue to be unaudited if permitted by the Legislation.
19.3An audit or report, wherever necessary in law, or where the membership requires, will be carried out by a registered auditor appointed in accordance with the Legalisation.
20. Application of Profits
The value of the furniture and fixtures of the Club shall be depreciated at the annual rate of not less than 10 per cent, and of 2½ per cent on all land and buildings of whatever tenure, and subject to this the profits shall be applied.
1.In the interest generally of the Club and the members at the discretion of the majority of the members present and voting at a General Meeting or at a Committee Meeting.
2.In promoting mutual intercourses and untied actions between members and others interested in improving the game of cricket.
3.Any other lawful purpose authorised at an Annual or Special Meeting provided always except by the dissolution of the Club, or in the necessary purposes of the Club’s maintenance (or as Interest on Loan), no profits or funds of the Club shall be distributed among the members.
The Committee may obtain advances of money for the purposes of the Club from members or others upon the security of Bonds, or agreements, or promissory notes. The total amount so obtained shall be any amount not exceeding £20,000 as may from time to time be fixed by any General Meeting. The Club shall not receive money on deposit.
The Committee may invest the funds of the Club at such rate of interest and on such terms as they see fit in any of the following securities:-
1.With its members or others upon security of real property; but in all such cases a legal mortgage of the property to the Club shall be executed by the borrower.
2.In the shares or on the security of any society registered under the Industrial and Provident Societies Act, or under the Building Societies Act, or of any company incorporated by royal charter or Act of Parliament, provided that such society has its liability limited.
3.In the Post Office Savings Bank.
4.In the Public Funds.
23. Statutory Applications to the Registrar
1.Any ten members of the Club, each of whom has been a member of the Club for less than 12 months immediately preceding the date of the application, may apply to the Registrar in the form prescribed by the Treasury Regulations to appoint an Actuary or Accountant to inspect the books of the club and to report thereon, pursuant to the Industrial and Provident Societies Act 1965.
2.It shall be the right of one-tenth of the whole number of members, or if the number of members, shall at any time exceed 1,000, it shall be the right of 100 members by an application in written to the Chief Registrar, signed by them in the forms respectively prescribed by the Treasury Regulations:-
(a) To apply for the appointment of an Inspector or Inspector to examine into the affairs of the Club and to report thereon, or
(b) To apply for the calling of a Special Meeting of the Club.
24. Nominations, Proceedings on Death etc
A member may nominate any property in the Club (including loans) in the manner provided in Section 25 of the Industrial and Provident Societies Act 1965 and on the death, bankruptcy or insanity of a member any such property shall be paid or transferred in accordance with the provisions in those Acts relating thereto.
(a)The Club may at any time be dissolved by the consent of three-fourths of the members testified by their signatures to an instrument of dissolution the form provided by the Treasury Regulations in that behalf or by winding up in the manner provided by the Industrial and Provident Societies Acts.
(b)Assets on dissolution shall not be distributed amongst members but shall be applied as may be approved by a simple majority of members of the Club voting in general meeting:-
(i)for the purposes of the England and Wales Cricket Board (or its
successor) for use in related community sports and/or;
(ii)for the purposes of another community Association Sports Club
(or Clubs) and/or;
(iii)for the purposes of charity.
26. Conduct of Elections
1.The election of Officers and Committee shall be by ballot. At least three weeks before the day fixed for any ballot, a nomination sheet shall be posted in the Registered Office by the Secretary on which the names of all candidates for any office must be entered and such sheet shall remain open until the expiration of at least twenty four hours prior to the General Meeting. Any member shall be eligible for nomination only after he/she shall have been a financial member of at least six calendar months’ standing, and must be proposed and seconded by two financial members. But no Family Members may stand for election nor propose or second any other member for election.
2.The ballot shall be carried out under the directions of the Committee by three scrutineers appointed by the General Meeting.
3.Ballots shall be held at the Annual General Meeting and the result shall be made known thereat by a notice attested by the Scrutineers, recording the number of votes pulled by each candidate, and indicating which of the candidates are elected.
Who may Vote
4.Each member of the Club (except Family Members) shall have one vote for each vacancy, but no member may give more than one vote to any one candidate.
5.Should a ballot result in two or more candidates receiving an equal number of votes, the names of such candidates shall be written on slips of paper, which shall be placed so that the names are concealed and the President, or in his absence, some person appointed by the Scrutineeers, shall then draw as many slips as there are vacancies to be filled, and the members whose names are so drawn shall be declared duly elected.
27. Settlement of Disputes
All disputes between a member or person aggrieved who has for not more than six months ceased to be a member, and any person claiming through such member or person aggrieved or under the rules, and the Club or an official, shall be referred for arbitration to three arbitrators, who shall be appointed by a Justice of the Peace for the County of West Yorkshire, on application by the Committee, and the decision of the arbitrators or of a majority of them shall be final.
28. Misconduct of Members
No gambling, drunkenness, bad language, or other misconduct shall be permitted on the Club premises.
Any member offending under this rule shall be dealt with by the Committee under Rule 13. Intoxicating liquor required for consumption off the premises shall be supplied to members only whilst on the Club premises for their own use. Any member, honorary member, who contravenes, or attempts to contravene, this section, shall be excluded from membership of the Club. The Secretary or President shall have the power to order the withdrawal of any member offending under any of the heads specified in this Rule, from the Club premises, and such member shall have no right of re-entry to the Club premises until summoned to meet the Committee as provided in Rule 13. If the next ordinary meeting of the Committee be within less than three days such member may claim to appear before them, and to have this case dealt with, waiving the length of notice required by the said Rule 13.
29. Introduction of Guests
A member may personally introduce friends as his guests, but no person shall be introduced more than twice within three months and no member may introduce more than two friends at any one time. The visitor and the members introducing him shall sign their names in a book kept for that purpose. No member shall be entitled to introduce a visitor to the Club during the hours when licensed premises are by law closed in the locality. These conditions shall not apply to the introduction by any member of his wife or other lady, the admission of whom shall be subject to such regulations as may, from time to time, be made by the Committee.
The following shall not be admitted as visitors:-
(a)Former members who have ceased to be members under Clause (a) of Rule 12.
(b)Former members who have been expelled.
(c)Persons who, having been nominated, have been refused membership.
(d)Pursuant to the provisions of Section 49 Licensing Act 1964. Intoxicating liquor may be sold by or on behalf of the Club for consumption of the Club premises to:-
(i)Members of visiting teams and their supporters competing against the
Club in organised games.
(ii)Members and supporters of teams taking part in semi-finals and finals of competitions organised by the Leagues and associations of which the Club is a member, when the Club ground is being used for such competitions.
(iii)Members and supporters of teams taking part in activities or representative matches on the Club’s ground.
(iv)Persons attending any other function which is authorised by the Committee, provided always that it is promoted by and is the responsibility of a member of a Club who is present at the function and that the names and addresses of every person attending shall be entered in the book kept for that purpose in the Club Functions under (iv) shall not exceed twelve per year and notice in writing of each function under (ii), (iii) and (iv) shall be given to:-
(a)The Clerk of the Justices.
(b)The Police Prosecutions Officer for Calderdale Division at least seven days prior to the date of the function.
30. Guests and Excisable Articles
No person shall at any time be entitled to receive any commission percentage or similar payment on, or with reference to, purchases of intoxicating liquor by the Club; nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.
31. Hours of Opening and Closing of the Club Premises
(a)The Club shall be open and closed at such hours as may from time to
time be fixed by the Committee, and as posted in the Club.
(b)Permitted Hours for Supply of Intoxicants
The permitted hours shall be such as may from time to time be determined by the Committee, according with the provisions of the Licensing Act 1964 (as amended), and as notified to the Magistrate’s Clerk.
32. Statutory Successor
Any reference to the Chief Registrar, Central Office, Assistant Registrar (for Scotland) or the Registry of Friendly Societies includes references to the statutory successor carrying on the relevant function of any of them.
33. Child Welfare, Equal Opportunities and Volunteers
The club adopts in full the England and Wales Cricket Board (ECB) policies ("Safe Hands) on Child Safeguarding, Equal Opportunities and Volunteers.