Constitution

The objects of the Club are to promote the amateur game of Rugby Union Football ("the Game") particularly (but not exclusively) in North Tawton and the surrounding district for the benefit of the public PROVIDED THAT the Club's promotion of the Game shall at all times be conducted in such manner and circumstances as to be charitable under the law of England and Wales for the time being and PROVIDED ALSO THAT (except to the extent that to do so would be incompatible with its charitable status) the Club shall at all times conform with the laws of the Rugby Football Union for the time being.

(b) POWERS

In pursuance of, and as ancillary or incidental to the attainment of, the said objects (but not further or otherwise) the Club may:

(i) provide a Clubhouse and other buildings, grounds, equipment and facilities for playing the Game;

institute membership arrangements but only if they are open and non-discriminatory and they provide that no person may be excluded or expelled from membership other than for good cause and in accordance with the provisions of this Constitution;

provide other amateur sporting, athletic and therapeutic opportunities and facilities ancillary to those required for the Game and in particular it may use, or permit the use of, the Club's grounds, buildings, equipment and facilities for other amateur sports when not required for use for the Game;

encourage, facilitate, organise and regulate the playing of the Game including in particular teaching and coaching it in schools and educational establishments and with junior teams;

(v) join or affiliate to the Rugby Football Union, the Devon Rugby Football Union and any other body committed to promoting the Game;

raise funds, organise or procure the organisation of fund raising schemes and events and invite and receive contributions from any person or persons whatsoever by way of loan, subscription, donation and otherwise PROVIDED THAT the Club may not undertake any permanent trading activity in raising funds (though it may form a trading company or companies for that purpose);

make donations to other sports clubs that are registered as community amateur sports clubs or charities.

provide social facilities for members of the Club and others;

employ and pay any person or persons (not being a Committee Member) to supervise, organise and carry on the work authorised by the Committee and, as employers of staff, make all reasonable and necessary provision for the payment of pensions and superannuation to or on behalf of employees and their widows and other dependants;

invest Club money in any stocks, funds, shares, securities or loans at the absolute discretion of the Committee (who in this regard may delegate to such Sub-Committee as they think fit) and the Club may also borrow money in the absolute discretion of the Committee on such terms as to security and otherwise as it thinks fit;

All surplus income or profits are re-invested in the club. No surpluses or assets will be distributed to members or third parties.

(xii) do all such other things as the Committee thinks would be expedient or conducive towards the attainment of the objects set out in Clause 2 above.

3. COLOURS OF THE CLUB

Unless otherwise varied by the Committee, the colours of the Club shall consist of jersey and stocking in gold and black hoops and black shorts.. Shirts and stockings shall be lent by the Club for use in Club matches and shorts shall be provided by the players.

4. MEMBERSHIP

There shall be the following categories of Membership:

Full Member, entitled to play and train for the club's teams, to vote at meetings, serve as an Officer on the Committee, to apply for international tickets, make use of all the facilities of the club and apply to hire the club for social events.
Student Member, being a person in full-time education or training at the time, will pay a reduced subscription but will have all the other rights of a Full Member.
Honorary Life Member, who will be exempt from membership subscription, and be entitled to the benefits of Full membership as described in 1) above.
Social Member, entitled to the use of the club's facilities on match days and at social occasions and apply to hire the club for social events. They will not be able to vote at meetings, apply for international tickets or serve on the committee.
Junior Member, being a girl or boy under the age of 16 years, entitled to train and play for any of the club's junior teams and use the club facilities, but not apply to hire the club for social events. They will not be able to vote at meetings, apply for international tickets or serve on the committee.

(b) To become a member of the Club a person

(i) must apply by completion of a membership form, or otherwise as the committee from time to time may prescribe and

(ii) must (subject to Rule 4(c)) be accepted for membership by the Committee or a delegated Sub-Committee of the Committee or by the Club in General Meeting.

(c) Having been accepted for membership under Rule 4(b) or Rule 10 an applicant shall automatically be admitted to membership after two days (but never less than two days) have elapsed.

(d) Any such applicant as in 4(b) shall be accepted for membership unless the Committee or delegated Sub-Committee or Club in General Meeting, by a simple majority of those present and voting resolves for good cause to refuse the application.

(e) The Committee may, by a simple majority of those present and voting on a resolution to that effect, expel any member for good cause.

"Good cause" in (d) and (e) above and in Rule 2 (b)(ii) above means a cause related to the fitness or potential fitness of the person concerned to remain or become a member of the Club who will be supportive of its objects and shall under no circumstances include any discriminatory cause.

(g) Any person refused membership or expelled from membership may appeal to the members in General Meeting at the next such meeting (which need not be specially called for the purpose) at which the person concerned shall have the right to be heard. If a simple majority of those present and voting on the resolution vote in favour of admitting the candidate as a member, or of not expelling the member, the appeal shall be allowed; otherwise it shall be refused. Pending the appeal, the membership of a member who the Committee or a Sub-Committee has decided to expel shall be suspended.

CLUB OFFICERS and THE COMMITTEE

(a) The Club shall have the following Officers who shall form the Committee (together with any person or persons co-opted to it) and be ex-officio members of it:

Chairman of the Club, Vice-Chairman,

Secretary, Treasurer, Fixture Secretary,

Match Secretary, Chairman of the Playing

Committee, Bar Steward, Youth Organiser.

(b) Subject to the provisions of this Constitution the

Committee of the Club (in these rules called "the

Committee") shall have management and control of the

Club.

(c ) The Committee may from time to time co-opt (and remove) additional Committee Members whether to fill a casual vacancy or howsoever up to the number permitted by Rule 5.(d).

The maximum number of members of the Committee shall be 15.

At the first Annual General Meeting following the adoption of this clause and at every subsequent Annual General Meeting all the Committee Members (whether ex-officio or co-opted) shall retire from office but shall be eligible for subsequent ex-officio reappointment or re—co—option.

(f) Meetings of the Committee

The Committee shall meet monthly during the playing season and whenever deemed necessary by the Chairman in the closed season. The Committee Meetings shall be held at such time and place and according to such formalities as the Committee shall resolve failing, which at the Club house for the time being.

Six Committee Members shall be a quorum unless and until the Committee shall otherwise resolve. -

The Chairman of the Club shall preside at all meetings of the Committee and in the case of an equality of votes shall have a second or casting vote. In the absence of the Chairman the Vice-Chairman shall preside at meetings of the Committee and in the case of an equality of votes shall have a second or casting vote. In the absence of both the Chairman and the Vice-Chairman the meeting shall elect a Chairman before the meeting commences.

(iv) Notwithstanding any provision of this Rule the Committee must keep a written record of all its decisions

(g) Remuneration of Committee Members

No Committee Member for the time being shall receive any remuneration or otherwise personally profit from the Club under any circumstances whether for services rendered or otherwise, but this shall not prevent the payment to the Committee Members of out-of-pocket expenses properly and necessarily incurred by them in connection with the carrying out of their duties as Committee Members nor payment of a reasonable rate of interest on any monies lent by any Committee Member to the Club nor payment of any reasonable rent in respect of any premises let by any Committee Member to the Club provided that in all such cases and in any other case where a Committee Member shall be in any conflict of interest with regard to any matter for consideration by the Committee he shall (unless the Committee resolve otherwise) absent himself from that part of the meeting deliberating on the matter concerned and shall have no vote with regard thereto.

6. SUB-COMMITTEES

(a) The Committee may from time to time delegate any of its powers or the implementation of any of its resolutions to one or more Sub-Committees.

(b) The delegation shall specify those who shall be asked to serve on such Sub-Committee and may allow the Sub-Committee to make a specified number of co-options.

(c) The composition of any such Sub-Committee shall be entirely in the discretion of the Committee and may comprise such of their number (if any) as the resolution may specify.

The deliberations of any such Sub-Committee shall be reported regularly to the Committee and any decision taken by any such Sub-Committee shall be reported forthwith to the Committee and for that purpose every Sub-Committee shall appoint a secretary.

No decision involving the expenditure or commitment of Club Funds or disposal of any of its assets may be decided upon without the express consent of the Committee.

All delegations under this rule shall be revocable at any time.

The Committee may regulate and mandate any such Sub-Committee as it may from time to time resolve.

7. ELECTION OF OFFICERS

(a) The Officers of the Club shall be as specified in 5(a) together with such others as the Club in General Meeting shall from time to time specify (in this Rule "the Officers").

(b) Every Officer shall be elected at an Annual General Meeting and shall remain in office (save as regards the President) only until the next Annual General Meeting (when he or she shall be entitled to such re-election).

(c) Any member of the Club may nominate a candidate for election to any of the offices at each Annual General Meeting provided that such nomination is given in writing to: the Secretary jiot les.s than 28 days before the Annual General~ Meeting and provided also that such nomination is signed by the nominee, the proposer and a seconder (who must also be a Club member).

(d) In the event of a vacancy in any officer:

(i) Notice of the vacancy and of the Club's members' rights of nomination shall be published by the Secretary forthwith in writing in the clubhouse for 21 clear days;

(ii) during that period any member of the Club may nominate any other member of the Club to fill the vacancy, such nominations to be in writing and addressed to the Secretary;

(iii) at the next Committee meeting following the expiry of that period the Committee shall elect one of the members so nominated to fill the vacancy or failing such nomination the Committee may elect any member of the Club to fill the vacancy.

(i) A President shall be elected for a term of two years by the members at an Annual General Meeting. At the Annual General Meeting following the Annual General Meeting at which the President was elected the members shall elect a President Elect who shall take the office of President at the end of the following Annual General Meeting.
The President will not be able to serve for two periods of two years consecutively, but can stand again at a later date.
In the event of there being no President Elect coming forward the incumbent can remain in office for a further year, or until a successor is found.

8. GENERAL MEETINGS

(a) The Annual General Meeting of the Club will be held on 21 days clear notice on such date in the month of May each year and at the Clubhouse or such other place as the Committee decides.

(b) An Extraordinary General Meeting may be convened on 21 days clear notice at any time either by the Committee or by 10 or more members of the Club in writing signed by them and served on the Club Secretary and notified as specified in the next sub—rule.

(c) In the case of all General Meetings notice shall be effected by publishing the day, time and place of the meeting.. in three public places within the town of North Tawton.

(d) Fifteen members of the Club shall be a quorum.

(e) The President of the Club shall preside as Chairman at all General Meetings and in the case of an equality of votes shall have a second or casting vote. In the absence of the President of the Club the meeting shall elect a Chairman who shall also have a second or casting vote.

(f) Each member shall be entitled to one vote in General Meetings. Notwithstanding the foregoing any Member in arrears with any annual subscription or other payment properly due to the Club at the time of a General Meeting shall not be entitled to vote at that General Meeting. The decision (in the event of any dispute) of the Treasurer or in his absence or default by the Secretary shall in this regard be conclusive.

9. CAPTAIN AND VICE-CAPTAIN

The players shall nominate candidates for Captain and Vice-Captain in the first two weeks of April each year. Nominations shall be made to the Secretary in writing for the posts of Captain and Vice-Captain separately. "Player" in this Rule means a member who has played for any Club team during the current playing season. When all the nominations have been received each player shall vote for the candidates of their choice according to arrangements resolved upon by the Committee. The results shall be announced at the Annual General Meeting.

10. HONORARY LIFE MEMBERS

On the recommendation of the Committee any member may be accepted for honorary membership at any Annual General Meeting on a two-thirds majority of those members present and voting as an honorary life member of the Club for life or for such period as the Committee may deem desirable. The person accepted shall be admitted to honorary membership in accordance with Rule 4(b) and shall then have all the rights and duties of ordinary members (save as otherwise by these Rules indicated).

11. GUESTS

Any member may personally introduce friends to the clubhouse. Such guests shall be required to enter their names and the name of the introducing member in the visitor's book to be provided. The member shall be deemed responsible for such entry being completed and the Committee shall be empowered to restrict admission of any guest or guests at any time. For the purpose of this rule visiting teams and their officials and supporters shall be deemed not to be guests but to be temporary members. The Committee shall have the power, at it's discretion, to issue temporary day memberships for club fund raising events.

CLUB YEAR

Unless otherwise varied by resolution of the Committee, the financial year of the Club shall terminate on the thirtieth day of April in each year.

13. SUBSCRIPTIONS

The annual subscription payable by all members other than honorary members shall become due on or before the first day of September in each year.

the rates of annual subscription shall be decided by the Committee from year to year and such rates shall always be appropriately published in the clubhouse and in such other manner as the Committee consider necessary;

any member whose subscription is unpaid by the first day of October shall not be entitled whilst in default to the facilities of membership (including that of being invited to play) without permission of the Committee, who may post the names of those in default in the clubhouse;

the Committee shall be empowered to erase from the Club register names of members whose subscription is not paid by the first day of December of each season and in the case of a playing member report his name to the relevant Rugby Union authorities;

resignation - any member wishing to resign his or her membership of the Club must notify the Membership Secretary of his or her intention in writing together with a remittance in settlement of any arrears of subscription, and his or her subscription for the current year.

14. PAYMENTS OF ACCOUNTS

Unless otherwise varied by resolution of the Committee members shall settle bills and pay expenses which they incur in the Club each day before they leave the clubhouse. On no occasion shall any credit be given at the Club bar or gratuities given.

15. CLUBHOUSE

The clubhouse shall be open at such times and on such days as the activities of the Club demand and as the Committee shall decide but in the event not earlier than 9 a.m. and not later than 1.0 a.m. on weekdays, midnight on Saturdays and 11.45 on Sundays.

16. NOTICES

No notice of any kind (other than under these Rules) shall be posted in the clubhouse or its precincts unless signed by a member of the Committee.

17. LIABILITY FOR LOSS

The Club shall not, in any circumstances, be held responsible for the injury to or the loss or the damage to the property of a member whilst either in the clubhouse (including its precincts) or on the field of play.

18. SELECTION COMMITTEE

A Selection Committee shall be formed which shall have full responsibility for the selection of teams and shall be composed as follows:

(a) Captain 1st XV (or Vice-Captain)

(b) Captain 2nd XV (or Vice-Captain)

(d) Team Secretary

(e) Trainer

(f) The Chairman of the Playing Committee

The Selection Committee shall meet weekly during the season.

19. RESPONSIBILITY OF THE CLUB SECRETARY

The Club Secretary shall be responsible for all matters concerning the running of the Club and in particular in dealing with the Devon RFU team matters and official Club management, subject nonetheless to the instructions given from time to time by the Committee or any Sub-Committee thereof.

20. MEMBERSHIP CARDS

Each Club member shall be issued with a membership card upon which it shall be noted the last date at which his subscription was paid. A list of current members will be kept at the clubhouse and updated as necessary.

21. CHEQUES

No cheque shall be drawn on behalf of the Club unless it is otherwise countersigned by any two of the following:

(a) Chairman (b) Secretary (c) Treasurer

or as the Committee shall resolve from time to time.

22. EXPENDITURE

No Member or officer of the Club shall be entitled to incur any expenditure on behalf of the Club other than with express authorisation of the Committee.

23. BAR AND SALE OF INTOXICATING LIQUOR

The Committee or any duly appointed Sub-Committee thereof shall have complete responsibility for the conduct and control of the bar and sale of intoxicating liquor on Club premises, and shall take such decision with regard thereto as they shall from time to time think fit.

24. ALTERATION OF CONSTITUTION

Subject to Rule 24(c) this constitution may be altered by a resolution passed by a majority of two—thirds of those present and voting at any Annual General Meeting or at any Extraordinary General Meeting

PROVIDED THAT

(i) The notice for the meeting must indicate that an amendment of the Rules is to be proposed and must set it out or describe it clearly;

(ii) no amendment may be made to the Objects of

the Club (as set out in Rule 2(a)), or to

Rule 18 (dissolution), or to any other Rule

if it would be inconsistent with the

exclusively charitable nature of the Club,

unless the amendment is made with the prior

written consent of the Charity Commissioners;

(iii) no Rule concerning club premises relating to(a) the admission of members, (b) the admission of guests, (c) the supply and sale of intoxicating liquor, or (d) functions attended by visiting organisations or private bodies may be deleted or amended without the prior agreement of the relevant Justices of the Peace.

(b) Any Full member of the Club entitled to vote at the Annual General Meeting may make any proposition for a change of the Rules provided that the proposition is in writing and given to the Secretary not less than 28 days before the Annual General Meeting and provided also that the proposition is signed by the proposer and a seconder (who must also be a member entitled as above).

(c) Changes to these Rules to comply from time to time with the licensing laws and licensing requirements may be made by the Committee.

25. DISSOLUTION OF CLUB

The Club may be dissolved if a resolution to that effect is passed at a general meeting by not less than three quarters of the members present and voting on the resolution. In that event arrangements for dissolution and winding up shall be made by the Committee in their discretion (subject to any direction given to them by such resolution) provided that any surplus after meeting and providing for all debts and liabilities of the Club shall not go to the members but shall be transferred to another charity or charities which has or have as a principal object the promotion of the amateur game of Rugby Union football.