Constitution


PLUMPTON RUGBY FOOTBALL CLUB RULES
(UNINCORPORATED CLUB QUALIFYING AS A COMMUNITY AMATEUR SPORTS CLUB)
1. Name
The Club, established in 1967, is called Plumpton Rugby Football Club ("the Club").
2. Definitions
2.1 "the Chairman" means the person elected from time to time to be the chairman of the Club
in accordance with Rule 9;
"Constituent Body" the Constituent Body of the RFU to which the Club is from time to time affiliated which at the date of adoption of these Rules is Sussex Rugby Football Union.
"the Honorary Secretary" means the person elected from time to time to be the honorary secretary of the Club in accordance with Rule 9;
"the Honorary Treasurer" means the person elected from time to time to be the honorary treasurer of the Club in accordance with Rule 9;
"the IRB" means the world governing body for rugby union, which at the date of adoption of these Rules is the International Rugby Board;
"the Officers" means Management Committee Members
"the Management Committee" means the committee appointed under Rule 9 to manage the Club;
"the Members" means the members of the Club admitted from time to time to membership of the Club in accordance with Rule 5;
"the President" means the person elected from time to time to be the president of the Club in accordance with Rule 9;
"the RFU" means the Rugby Football Union (an Industrial & Provident Society with
registered number 27981R which is the governing body of rugby union within England) of Rugby House, Rugby Road, Twickenham, Middlesex TW1 1DS;
"the Trustees" means the persons appointed from time to time to be the trustees of the Club in accordance with Rule 10.6.
2.2 Words denoting the singular number include the plural number and vice versa; words denoting the masculine gender include the feminine gender; and words denoting persons include bodies corporate (however incorporated) and unincorporated, including unincorporated associations of persons and partnerships].
3. Objects
The objects of the Club are:
(a) principally to provide facilities for rugby union and generally to promote, encourage and facilitate the playing of rugby union in the area of Plumpton and amongst the community];
(b) to provide and maintain Club premises at Plumpton Racecourse, East Sussex and club-owned
rugby equipment for the use of its Members;
(c) to provide other ordinary benefits of an amateur sports club as set out in Schedule 18 of the Finance Act 2002 including without limitation provision of suitably qualified coaches, coaching courses, insurance, post-match refreshments;
(d) to sell or supply food or drink and provide other activities as a social adjunct to the sporting purposes of the Club;
(e) to obtain funding for the activities of the Club by collecting entrance fees, membership subscriptions, and match fees, by obtaining sponsorship and other available funding;
(f) to affiliate to the RFU, (through the membership of the Club's nominee to the RFU, such nominee to be the [Honorary] Secretary or another officer of the Club approved by the RFU), and to affiliate to the Constituent Body designated to it by the RFU;
(g) to comply with and uphold the Rules and Regulations of the Constituent Body, the RFU and the IRB as amended from time to time and the rules and regulations of any body to which the RFU is affiliated;
(h) to acquire, establish, own, operate and turn to account in any way for the Members' benefit the rugby union facilities of the Club together with buildings and easements, fixtures and fittings and accessories as shall be thought advisable;
(i) to make rules, regulations, bye-laws and standing orders concerning the operation of the Club including, without limitation, regulations concerning disciplinary procedures that may be taken against the Members;
(j) to discipline the Members where permitted by its rules/regulations and to refer its Members to be disciplined by the RFU or the Constituent Body (as appropriate) where so required by the Rules and Regulations of the RFU or the Constituent Body (as the case may be);
(k) to make donations or offer support to rugby union clubs which are charities or community amateur sports clubs; and
(l) to do all such other things as the Management Committee thinks fit to further the interests of the Club or to be incidental or conducive to the attainment of all or any of the objects stated in this Rule 3.
4. Application of Surplus Funds
4.1 The Club is a non-profit-distributing organisation. All surpluses will be used to maintain or improve the Club's facilities and in furtherance of the Club's objects. No surplus will be distributed other than to another community amateur sports club for rugby union, to the RFU for use in community-related rugby union initiatives, or to a charitable organisation, on winding-up or dissolution of the Club.
4.2 Nothing in Clause 4.1 shall prevent the Club from entering an agreement with a Member for his employment by the Club, provided that such arrangements are approved by the Management Committee (without the Member being present) and are agreed with the Member on an arm's length basis
Nothing herein shall prevent the Club from entering an agreement with a Member for the supply by him to the Club of goods or services, nor prevent any payment in good faith by the Club:
(a) of interest on money lent by a Member or its officers at a commercial rate of interest;
(b) to any officer, committee or sub-committee member of reasonable and proper out-of-pocket expenses;
(c) of reasonable and proper rent for premises demised or let by any Member or by any officer; or
(d) of any premium in respect of the purchase and maintenance of indemnity insurance in respect of liability for any act or default of the officers (or any of them) in relation to the Club.
4.3 No Member shall be paid a salary, bonus fee or other remuneration for playing for the Club.
5. Membership
5.1 Eligibility for membership
5.1.1 Persons of either sex are eligible for (full] membership of the Club provided they are at least 18 years old. No person shall be denied membership of the Club on the grounds of race, ethnic origin, creed, colour, age, disability, sex, occupation, sexual orientation, religion, political or other beliefs.
The Clubs doors are open to all and as a community club supports those from the local community without exception. Rugby Union is a community which allows the Club to bring unity and teamwork together.
As an open family Club, members are welcome, regardless of ethnicity or race, creed, colour, age, gender, disability, sex, occupation, sexual orientation, religion, political or other beliefs, identity, or privilege.
The Clubs aims are to remove barriers to people who share the joy of rugby and the feeling of community and to provide the ability to play the sport of Rugby.
The Club we will continue to focus efforts on overcoming any barriers to inclusion.
5.1.2 Persons below the age of 18 may be elected as Junior Members without the right to hold office or vote at general meetings.
5.1.3 [The number of Members is unlimited.]
5.2 Admission of Members
Any person who wishes to become a Member must submit an application in such form as the Management Committee shall decide. Every candidate for membership shall be considered by the Management Committee, which shall admit that candidate to membership of the Club unless to do so would be contrary to the best interests of the sport or the good conduct and interests of the Club. [A person shall not be entitled to any privileges of the Club until two days have passed since his application for membership was submitted, whether or not he is admitted as a Member before those two days have lapsed]
5.3 Classes of Members
There shall be the following classes of members for the Club:
Full Member
Non-Playing Social Member
Only Full Members shall be entitled to receive notice of, attend and vote at general meetings. The other Members shall be entitled to all the other privileges of membership other than the right to receive notice of, attend and vote at general meetings.
All Members shall be subject to these Rules and the regulations of the Club and respect the rules of the game of Rugby Union as set from time to time by the IRB.
5.4 Subscriptions
5.4.1 The entrance fee and annual subscription for each type of Member shall be determined from time to time by the Management Committee provided that the Management Committee shall ensure that the fees set by it do not preclude open membership of the Club.
5.4.2 The Members shall pay any entrance fee and annual subscription fees set by the Management Committee from time to time.
5.4.3 No candidate who has been elected a Member shall be entitled to the privileges of membership until he has paid the entrance fee (if any) and his first annual subscription.
5.4.4 Any Member whose entrance fee or subscription is [not paid] by such date as the Management Committee shall decide each year in arrears] shall be deemed to have resigned his membership of the Club.
6. Resignation
A Member may withdraw from membership of the Club on one weeks clear notice to the Club.
Membership shall not be transferable in any event and shall cease immediately on death or dissolution or on the failure of the Member to comply or to continue to comply with any condition of membership set out in these Rules.
7. Expulsion
7.1 The Management Committee shall have power to expel a Member when, in its opinion, it would not be in the interests of the sport or of the Club for him to remain a Member.
7.2 A Member shall not be expelled unless he is given [14] days' written notice of the meeting of the Management Committee at which his expulsion shall be considered and written details of the complaint made against him.
7.3 The Member shall be given an opportunity to make written representations and/or to appear before the Management Committee and at any such meeting to be accompanied by a representative or friend, who may answer complaints made against the Member and to cross-examine any witnesses on behalf of the Member. The Member must not be expelled unless at least [two-thirds] of the Management Committee then present vote in favour of his expulsion.
7.4 The Management Committee may exclude the Member from the Club's premises until the meeting considering his expulsion has been held. For the avoidance of doubt, the Member shall be entitled to attend that meeting for the purpose of making his representations.
8. Effect of Resignation or Expulsion
Any person ceasing to be a Member forfeits all rights in relation to and claims upon the Club, its property and its funds and he has no right to the return of any part of his subscription. The Management Committee may refund an appropriate part of a resigning Member's subscription if it considers it appropriate taking account of all the circumstances.
9. The Management Committee
9.1 The Club shall be managed by a Management Committee consisting of:
(a) the President;
(b) the Chairman;
(c) the [Honorary] Secretary;
(e) the [Honorary] Treasurer;
(f) the Captain
(g) the Vice Captain
(h) the Manager House & Grounds
(i) no more than three other Members elected annually at the annual general meeting.
9.2 The Management Committee shall decide in its discretion how Members may be nominated to be members of the Management Committee and shall notify
the Members accordingly.
9.4 If there is only one candidate nominated to fill any particular vacancy, that candidate shall be declared elected unopposed for that particular vacancy atthe next annual general meeting. If there is more than one candidate for anyparticular vacancy there shall be an election at the annual general meeting for that position. In the event of a tie, the candidate to be elected shall (unless the candidates otherwise agree) be determined by lot.
9.5 The Management Committee shall be elected at the annual general meeting in each year, and subject to termination of office by resignation, removal or otherwise, the Members remain in office until they or their successors are reelected
or elected (as the case may be) at the annual general meeting following their re-election or election (as the case may be).
[9.6* In addition to the members elected [or appointed] in accordance with this Rule 9, the Management Committee may co-opt up to three further Members who shall serve until the next annual general meeting. Co-opted members shall be entitled to vote at the meetings of the Management Committee.]
9.7* The Management Committee may appoint any Member to fill any casual vacancy on the Management Committee until the next annual general meeting when that person shall retire but shall be eligible for re-election.
9.8 Retiring members of the Management Committee may be re-elected.
9.9 A member of the Management Committee shall be deemed to have vacated office if:
(a) he is, or may be, suffering from mental disorder; or
(b) he resigns his office by notice to the Club; or
(c) he shall without sufficient reason for more than [three] consecutive meetings of the Management Committee have been absent without permission of the Management Committee and the Management Committee resolves that his office be vacated; or
(d) he is suspended from holding office or from taking part in any activity relating to the administration or management of the Club by a decision of the Constituent Body or the RFU; or
(e) he is requested to resign by not less than two-thirds of the other Management Committee members acting together.
10. Proceedings of the Management Committee
10.1 Management Committee meetings shall be held as often as the Management Committee thinks fit provided that there shall not be less than Five meetings each year. The quorum for such meetings shall be four. The Chairman and the [Honorary] Secretary shall have discretion to call emergency meetings of the Management Committee if they consider it to be in the interests of the Club. The [Honorary] Secretary shall give all the members of the Management Committee not less than Ten days' notice of a meeting.
10.2 [The [Chairman] or President shall be the chairman of the Management Committee.] Unless he is unwilling to do so, [the Chairman] shall preside at every meeting of the Management Committee at which he is present. But if there is no person holding that office, or if [the Chairman] is unwilling to preside or is not present within five minutes after the time appointed for the meeting, the President shall preside. If there is no President or if he is unwilling to preside, of if he is not present within five minutes after the time appointed for the meeting, the members of the Management Committee present may appoint one of their number to be chairman of the meeting.
10.3 Decisions of the Management Committee shall be made by a simple majority and in the event of an equality of votes the [Chairman] (or the acting chairman of that meeting) shall have a casting or additional vote.
10.4 The Management Committee may from time to time appoint from among its number such sub-committees as it considers necessary and may delegate to them such of the powers and duties of the Management Committee as the Management Committee may determine. All sub-committees shall periodically report their proceedings to the Management Committee and shall conduct their business in accordance with the directions of the Management Committee.
10.5 The Management Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms and conditions of service of employees of the Club. The Management Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the Members.
10.6.1 The Trustees of the Club shall be appointed from time to time as necessary by the Club in general meeting from among the Members who are willing to be so appointed. A Trustee shall hold office during his life, or until he shall resign by notice in writing given to the Management Committee or until a resolution removing him from office shall be passed at a general meeting by a majority comprising [two-thirds] of the Members present and voting.
10.6.2 All property of the Club including land and investments, shall be held by the Trustees for the time being, in their own names so far as necessary and practicable, for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee, the Management Committee shall take steps to procure the appointment by the Club in general meeting of a new Trustee in his place; and shall as soon as possible thereafter take lawful and practicable steps to procure the vesting of all Club property into names of the Trustees as constituted after the said appointment. The Trustees shall in all respects act, in regard to any property of the Club held by them, in accordance with the directions of the Management Committee; and shall have power to sell, lease, mortgage or pledge any Club property for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Management Committee's directions. But no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
10.7 [The members of the Management Committee shall be entitled to an indemnity out of the assets of the Club for all expenses and other liabilities properly incurred by them in the management of the affairs of the Club.]
10.9 Any member of the Management Committee may participate in a meeting of the Management Committee by way of video conferencing or conference telephone or similar equipment which allows every person participating to hear and speak to one another throughout such meeting. A person so participating shall be deemed to be present in person at the meeting and shall accordingly be counted in the quorum and be entitled to vote. Such a meeting shall be deemed to take place where the largest group of those participating is assembled or, if there is no such group, where the chairman of the meeting is.]
11. Annual general meeting
11.1 The annual general meeting of the Club shall be held at such time as the Management Committee shall decide each year to transact the following business:
(a) to receive the [Chairman's] report of the activities of the Club during the previous year;
(b) to receive and consider the accounts of the Club for the previous year, the [Honorary] Treasurer's report as to the financial position of the Club;
(c) [to elect the [Officers and other] members of the Management Committee];
(d) to decide on any resolution which may be duly submitted in accordance with Rule 11.2 below; and
(e) to deal with any special matters which the Management Committee desires to bring before the membership.
11.2 Notice of any resolution proposed to be moved at the annual general meeting shall be given in writing to the [Honorary] Secretary not less than [28] days before the meeting.
11.3 No period greater than fifteen months shall elapse between one annual general meeting and the next.
12. Extraordinary general meetings
An extraordinary general meeting may be called at any time by the Management Committee and shall be called within [21] days of receipt by the [Honorary] Secretary of a requisition in writing signed by not less than Eight Members stating the purposes for which the meeting is required and the resolutions proposed
13. Procedures at the annual and extraordinary general meetings
13.1 The [Honorary] Secretary shall send to each Member at his last known address written notice of the date of the general meeting together with the resolutions to be proposed at least [21] days before the meeting.
13.2 The quorum for the annual and extraordinary general meetings shall be Ten Members [or one-tenth of the membership of the Club (whichever is the greater number)].
13.3 The [Chairman] shall preside at all meetings of the Club but if he is not present within [15] minutes after the time appointed for the meeting or has signified his inability to be present at the meeting, the Members present [and entitled to vote] may choose one of the other members of the Management Committee present to preside and if no other member of the Management Committee is present or willing to preside the Members present [and entitled to vote] may choose one of their number to be chairman of the meeting.
13.4 Each Full Member, Non-Playing Member present shall have [one] vote and resolutions shall be passed by a simple majority of those Members present and voting [In the event of an equality of votes the chairman of the meeting shall have a casting or additional vote.]
13.5 The [Honorary] Secretary, or in his absence a member of the Management Committee, shall take minutes at annual and extraordinary general meetings.
13.6 [There shall be no right for a Member to vote by proxy. No person may represent more than one Member.]
14. Purchase and supply of liquor
14.1 Purchase for the Club and supply by the Club of intoxicating liquor must be in the absolute discretion of the Management Committee of not less than Four Members being Members over the age of 18 and elected for that purpose by the Members.
15. Commission
15.1 No one may at any time receive at the expense of the Club [or any Member] any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the Club.
15.2 No one may 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.]
16. Guests
16.1 Any Member may introduce guests to the Club, and any player, coach, other team representative, match official or spectator attending the Club's premises
(by invitation of the Club) who is not a Member shall be a guest of the Management Committee, provided that no one whose application for membership has been declined or who has been expelled from the Club may be introduced as a guest.
16.2 A Member introducing a guest and any person introduced as a guest of the Management Committee in accordance with Rule 16.1 must enter the name and address of the guest together with the name of the introducer in a book which must be kept on the Club's premises.
[16.3 No one may be admitted as a guest on more than Ten occasions in any calendar year.]
17. Opening of Club premises
The Club is open between 11.00am and 11.00pm on match days only or at such other times or for such other periods as the Management Committee shall decide. The Club’s facilities shall be available to the members without discrimination.
18. Permitted hours
The permitted hours for the supply of intoxicating liquor and provision of regulated entertainment shall be as permitted by the Club's Club Premises Certificate.
19. Alteration of the rules
19.[1] These Rules may be altered by resolution at an annual or extraordinary general meeting provided that the resolution shall not be passed unless carried by a majority of at least [two-thirds] of the Members present and at the general meeting, the notice of which contains particulars of the proposed alteration or addition.
[19.2 As soon as possible and in any case within 28 days after the making of any alteration or addition to these rules the [Honorary] Secretary must give written notice of the alteration or addition to the proper Licensing Authority] [and to the Chief of Police].
20. Regulations and Standing Orders
The Management Committee shall have power to make, repeal and amend such regulations and standing orders as it may from time to time consider necessary for the wellbeing of the Club. Such regulations and standing orders and any repeals or amendments to them shall have effect until set aside by the Management Committee.
21. Finance
21.1 All moneys payable to the Club shall be received by the person authorised by
the Management Committee to receive such moneys and shall be deposited in a bank account in the name of the Club. No sum shall be drawn from that account except by cheque signed by one of the [three] signatories who shall
be the [Chairman, [Honorary] Secretary and [Honorary] Treasurer.
Any moneys not required for immediate use may be invested as the Management Committee in its discretion thinks fit.
21.2 Subject to Rule 24.3, the income and property of the Club shall be applied only in furtherance of the objects of the Club and no part thereof shall be paid by way of bonus, dividend or profit to any Member.
21.3 The Management Committee shall have power to authorise the payment of remuneration and expenses to any Officer, member of the Management Committee, Member or employee of the Club and to any other person or persons for services rendered to the Club, [provided that any payment to any officer of the Club shall comply with Rule 4.2].
21.4 The financial transactions of the Club shall be recorded in such manner as the Management Committee thinks fit by the [Honorary] Treasurer.
21.5 Full accounts of the financial affairs of the Club shall be prepared each year. A report on these accounts shall be prepared by the Treasurer. The accounts must be made available to every Member when notice concerning the annual general meeting is given.
22. Borrowing
22.1 The Management Committee may borrow a maximum total amount of Five Thousand Pounds on behalf of the Club for the purposes of the Club from time to time at its own discretion and with the sanction of a general meeting any further money above that sum.
[22.2 When so borrowing, the Management Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sum or sums of money in such manner and on such terms and conditions as it thinks fit, and in particular by mortgage of, or charge upon, or by the issue of debentures charged upon all or any part of the property of the Club.]
[22.3 The Management Committee shall have no power to pledge the personal liability of any Member for repayment of any sums so borrowed.]
[22.4 The Trustees shall, at the discretion of the Management Committee, make such dispositions of the Club's property or any part thereof, and enter into and execute such agreements and instruments in relation thereto, as the Management Committee may deem proper for giving security for such moneys and the interest payable thereon.]
23. Property
23.1 The property of the Club, other than cash at the bank, shall be vested in the Trustees. They shall deal with the property as directed by resolution of the Management Committee and entry in the minute book shall be conclusive evidence of such a resolution.
23.2 [The Trustees shall be entitled to an indemnity out of the property of the Club for all expenses and other liabilities properly incurred by them in the discharge of their duties.]
24. Dissolution
24.1 A resolution to dissolve the Club shall be proposed only at an extraordinary general meeting and shall be passed only if carried by a majority of at least [three-quarters] of the Members present and voting.
24.2 The dissolution shall take effect from the date of the resolution and the members of the Management Committee shall be responsible for the winding up of the assets and liabilities of the Club.
24.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be paid to or distributed to the RFU for use in community-related rugby union initiatives, another community amateur sports club for rugby union or a charity.