CONSTITUTION OF THE WHITEFORD ROAD TENNIS AND BADMINTON CLUB
This constitution sets out the framework under which the Whiteford Road Tennis and Badminton Club will operate. It sets out the obligations of the members and also it’s Committee in relation, inter alia, to the management of the Club and specifically to the role of the “Responsible person” in relation to the current Fire Safety and Control of Asbestos
1.0 NAME 1.1
The Club shall be called the Whiteford Road Tennis and Badminton Club (“The Club”).
2.0 DEFINITIONS 2.1
“WRTBC” means Whiteford Road Tennis and Badminton Club;
“The Game” means the game of tennis or badminton;
“The Secretary” means the person elected from time to time to be the secretary of the Club in accordance with paragraph 9;
“The Treasurer” means the person elected from time to time to be the treasurer of the Club in accordance with paragraph 9;
“The LTA” means the Lawn Tennis Association which is the governing body of tennis within Great Britain, the Channel Islands and the Isle of Man.
“The CLTA” means the County Lawn Tennis Association;
“The LTA Disciplinary Code” means the disciplinary code of the LTA in force from time to time;
“The LTA Rules” means the rules of the LTA as in force from time to time;
“The Management Committee” means the committee appointed under paragraph 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 paragraph 5;
“The Trustees” means the persons appointed from time to time to be the trustees of the Club in accordance with paragraph 10.6.
3.0 OBJECTSThe objects of the Club are:
(a) to provide tennis, badminton, social and other activities and generally to encourage and facilitate the playing of tennis and
(b) to provide and maintain Club premises at Whiteford Road, Plymouth, Devon;
(c) to promote, improve, develop and support the interests of tennis and badminton;
(d) to provide such other benefits to its members as if shall think fit;
(e) to maintain membership of the CLTA (and by doing so become and remain registered as an associate of the LTA) and to comply with and uphold the Rules and Regulations of the CLTA as amended from time to time and the LTA Rules and the LTA Disciplinary Code and the rules and regulations of anybody to which the LTA is registered or affiliated;
(f) to maintain an affiliation to the Badminton England Association and to the Devon County Badminton Association.
(g) to acquire, establish, own, operate and turn to account in any way for the members’ benefit the tennis court facilities of the Club together with buildings and easements, fixtures and fittings and accessories as shall be thought advisable;
(h) be subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s wider jurisdiction, 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;
(i) be subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s wider jurisdiction, to discipline the Members where permitted by its Rules/Regulations and to refer its Members to be disciplined by the LTA or the CLTA (as appropriate);
(j) to do all such other things as the Management Committee thinks fit to further the interests of the Club, to advance and safeguard the interests of the Game and to promote increases in participation at all levels of the Game.
4.0 APPLICATION OF SURPLUS FUNDS4.1
The Club is a non-profit-making organisation. Subject to paragraph 18.3, the income and property of the Club shall be applied solely towards promoting the Club’s facilities and in furtherance of the Club’s objects as set forth in these Rules no portion thereof shall be paid or transferred, directly or indirectly, to the Members of the Club.
Nothing in Clause 4.1 shall prevent the Club from entering an agreement with a member for the supply by him to the Club of goods or services or 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.
Persons of either sex are eligible for membership of the Club. 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.
Persons below the age of 18 may become Junior Members without the right to hold office or vote at general meetings.
Admission of MembersAny person who wishes to become a Member must submit an application in such form as the Management Committee shall decide.
Conditions of membership5.3.1
Each member agrees as a condition of membership:
(a) to be bound by and subject to these rules and the rules and regulations of the relevant CLTA (as in force from time to time); and
(b) to be bound by and subject to the LTA Rules and the LTA Disciplinary Code.
Rule 5.3.1 confers a benefit on the LTA and, subject to the remaining provisions of this rule, is intended to be enforceable by the LTA by virtue of the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the members do not intend that any term of these rules, apart from Rule 5.3, should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to these rules.
The Management Committee may, subject to paragraph 7, terminate the membership of any person, or impose any other sanction it determines to be appropriate, in connection with the breach of any condition of membership set out in this rule.
Classes of Members5.4.1
There shall be the following classes of members for the Club:
Young Adult Member (18-21) and Full Time Students
Junior Member (under18)
Only Adults and Young Adult members shall be entitled to receive notice of, attend and vote at general meetings.
The entrance fee and annual subscription for each type of Member shall be determined at the AGM by resolution.
The Members shall pay annual subscription fees set by the Club at the AGM.
No new Member shall be entitled to the privileges of membership until he has paid his first annual subscription.
Any Member whose entrance fee or subscription is not paid by 30 April each year (for renewing members), or it is more than three months in arrears (for monthly memberships) shall be deemed to have resigned his membership of the Club.
For new members, application shall be made in writing (normally by completing a standard Club application form obtainable from the Membership Secretary) and subscriptions shall be paid within fourteen days of offer of membership.
New members shall agree to abide by the rules and bylaws of the Club.
When a member reaches the stage when he or she is unable to participate in the sporting activities of the Club that person may be offered, at the discretion of the Management Committee, honorary life membership. An Honorary Life Member would not be required to pay annual subscription but would retain full voting rights and would be eligible for election to the Committee, subject to the appropriate procedures.
6.0 RESIGNATIONA Member may withdraw from membership of the Club on giving clear notice to the Management Committee. 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.
Subject to the remaining provisions of this rule, the Management Committee shall have power to refuse membership or expel a Member if in its sole discretion it determines that it would be in the interests of the Game
or of the Club to do so.
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.
The Member shall be given an opportunity to appear before the Management Committee to answer complaints made against him. The member must not be expelled unless at least two-thirds of the Management Committee then present vote in favour of his expulsion.
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.
The Member may appeal against the Management Committee’s decision by notifying the Management Committee who shall put the matter to the Club’s members in general meeting and decided by a majority vote of members present and voting at such meeting.
8.0 EFFECT OF RESIGNATION OR EXPULSION8.1
Any person ceasing to be a Member forfeits all right to and claim 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.
9.0 THE MANAGEMENT COMMITTEE9.1.
The Club shall be managed by a Management Committee consisting of:
(a) the Chairman
(b) the Vice-Chairman (elected at the first meeting after the AGM)
(c) the Secretary
(d) the Membership Secretary
(e) the Treasurer
(f) the Parents and Junior representative
(g) the Team Captains (Women’s and Men’s)
(h) Other Members elected annually at the Annual General Meeting.
The members of the Management Committee may exercise all of the powers of the Club for the purposes of the management of the Club.
The Club agrees that each member of the Management Committee will be required, as a condition of election or appointment, to agree to be bound by and subject to these rules, the rules and regulations of the relevant CLTA and the LTA Rules and the LTA Disciplinary Code, such agreement to contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999 applies and that the LTA and the Club can enforce any breach at its option and in its sole discretion.
The members of the Management Committee may delegate any of the powers that are conferred on them by these rules to such person, or committee, by such means (including power of attorney), to such extent, in relation to such matters and on such terms and conditions as they think fit. If the members of the Management Committee specify, any such delegation may authorize further delegation of members’ powers. The members of the Management Committee may revoke any delegation or
alter its terms and conditions.
The Management Committee shall decide at its discretion how Members may be nominated to be members of the Management Committee and shall notify the Members accordingly. If required a vote will be held at the annual general meeting to determine who is elected to each of the posts within the Management Committee.
Any person nominated as a member of the Management Committee must be an Adult or a young adult member.
If there is only one candidate nominated to fill any particular vacancy, that candidate shall be declared elected unopposed for that particular vacancy at the next annual general meeting. If there is more than one candidate for any particular 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.
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 re-elected or elected (as the case may be) at the annual general meeting following their re-election or election (as the case may be).
In addition to the members elected or appointed in accordance with this Rule 9, the Management Committee may co-opt, from time to time, 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.
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.
Retiring members of the Management Committee may be re-elected.
A member of the Management Committee shall be deemed to have vacated office if:
(a) He resigns his office by notice to the Club; or
(b) by reason of that person’s mental health, a court makes an order which wholly or
(c) partly prevents that person from personally exercising any powers or rights which that person would otherwise have; or
(c) 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 CLTA or the LTA;
Any person accepting
election or nomination to the Management Committee who has any
financial interest in the Game must, before such election or
nomination, state in writing to the Club all such interests. Failure
to do so will lead to automatic disqualification from Management
Committee membership. The Management Committee has the right to veto
such an election if, in its opinion, it is not in the best interests
of the Club.
10.0 PROCEEDINGS OF THE MANAGEMENT COMMITTEE10.1
Management Committee meetings shall be held as often as the Management Committee thinks fit provided that there shall not be less than 6 meetings each year. The quorum for such meetings shall be 6 persons. The Chairman and the 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 Secretary shall give all the members of the Management Committee not less than 7 days’ notice of a meeting.
The Chairman 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 Vice-Chairman shall preside.
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.
From time to time the Management Committee may wish to co-opt individuals from outside the membership of the Club to provide specific advice and guidance on those issues for which it has little competence. Those individuals will enjoy Honorary Membership of the Club during the period of co-option.
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.
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. The Management Committee shall appoint Trustees, to hold office until death or resignation unless removed from office by a resolution of the Management Committee or by
a resolution duly passed at a general meeting. The [Chairman] from time to time is nominated as the person to appoint new Trustees within the meaning of Section 36 of the Trustee Act 1925. A new Trustee or new Trustees shall be nominated by resolution of the Management Committee and the Chairman shall by deed duly appoint the person or persons so nominated as the new Trustee or Trustees of the Club and the provisions of the Trustee Act 1925 shall apply to any such appointment. Any statement of fact in any such deed of appointment shall in favour of a person dealing with the Club or the Committee in good faith be conclusive evidence of the fact so stated.
The number of Trustees shall not be more than four or less than two.
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.
11.0 HEALTH AND SAFETY11.1
It is the general policy of the Club to ensure that all reasonably practicable measures, as required by legislation, are
taken to safeguard the health and safety of anyone on Club premises.
This is especially true in relation to the current Fire Safety and Asbestos Regulations where the Club Committee will act corporately as the “Responsible person”.
12.0 ANNUAL GENERAL MEETING12.1
The annual general meeting (AGM) of the Club shall be held in every year as near to the last day of February as possible 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 Treasurer’s report as to the financial position of the Club;
(c) to elect the members of the Management Committee;
(d) to decide on any resolution which may be duly submitted in accordance with Rule 12.2 below;
(e) to deal with any other matters which the Management Committee desires to bring before the membership.
Notice of any resolution proposed to be moved at the annual general meeting shall be given in writing to the Secretary not less than 21 days before the meeting.
No period greater than fifteen months shall elapse between one annual general meeting and the next.
13.0 EXTRAORDINARY GENERAL MEETINGSAn extraordinary general meeting may be called at any time by the Management Committee or shall be called within 28 days of receipt by the Secretary of a requisition in writing signed by not less than 10 Members stating the purposes for which the meeting is required and the resolutions proposed.
14.0 PROCEDURES AT ANNUAL AND GENERAL
The Secretary shall send to each Member written notice of the date, time and place of the general meeting together with the resolutions to be proposed and, in the case of an annual general meeting, the names of the persons proposed to be elected as members of the Management Committee for the ensuing year at least 14 days before the meeting. The accidental failure to give notice to any person entitled to notice, or the accidental omission of any such details in any notice, shall not invalidate the proceedings at the meeting.
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 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 may choose one of their number to be chairman of the meeting.
The chairman of the meeting may permit other persons who are not Members to attend and speak at a meeting.
Each Adult and Young Adult 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.
No objection may be raised as to the qualification of any person voting at a meeting except at the meeting or adjourned meeting at which the vote objected to is tendered, and every vote not disallowed at the meeting is valid. Any such objection must be referred to the chairman of the meeting.
The Secretary, or in his absence a member of the Management Committee, shall take minutes at annual and extraordinary general meetings.
There shall be no right for a Member to vote by proxy. No person may represent more than one Member.
Notice of any resolution proposed to be moved at any general meeting shall be given in writing to the Secretary not less than twenty one days before the meeting.
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.
The Member introducing a guest and any person introduced as a guest of the Management Committee in accordance with Rule 17.1 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.
No one may be admitted as a guest on more than six occasions in any calendar year apart from those participating in Pay and Play.
The committee shall have the power to authorise members of other clubs to use and enjoy facilities of the Club for periods not exceeding one month. Such visiting players shall pay a fee as determined by the Committee unless a reciprocal arrangement has been made with the visitors club. Such visitors shall not be eligible to attend meetings of Club members, unless specifically invited to do so.
16.0 ALTERATION OF THE RULES16.1
These Rules may be altered by resolution at an annual (AGM) or extraordinary general meeting (EGM) as appropriate.
Any proposal by a member to alter the Constitution shall be supported by the signatures of at least ten other members and be notified to the Secretary in writing not later than twenty eight days prior to the AGM or EGM.
Any proposal to the Committee to alter the Constitution shall be notified to the members at the same time as the distribution of notices informing members of the AGM or EGM.
A proposal to alter the Constitution shall take effect when it has been voted by a majority of at least two-thirds of the Members present and voting at the general meeting, the notice of which contains particulars of the proposed alteration or addition.
17.0 REGULATIONS AND STANDING ORDERS17.1
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 and must be compatible with the
Constitution of the Club.
Any such Rules shall be posted in some conspicuous part of the Club’s premises and shall be binding on all members.
18.0 USE OF FACILITIESThe Club agrees that all unlicensed and unregistered coaches and, so far as reasonably practicable, players and other persons using the facilities of the Club will be required, as a condition of such use, to agree to be bound by and subject to these rules, the rules and regulations of the relevant CLTA, the LTA Rules and the LTA Disciplinary Code, such agreement to contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999 applies and that the LTA and the CLTA can enforce any breach at its option and in its sole discretion.
All moneys payable to the Club shall be received by the Treasurer 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 two of the three signatories who shall be the Chairman, Secretary and Treasurer. Any moneys not required for immediate use may be invested as the Management Committee in its discretion thinks fit.
Subject to paragraph 19.3, 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.
The Management Committee shall have power to authorise the payment of remuneration and expenses to any member of the Management Committee, Member of the Club and to any other person or persons for services rendered to the Club. The remuneration of a member of the Management Committee, Member of the Club or other person may take any form and may include any arrangements in connection with the payment of an allowance or gratuity.
The Club may pay any reasonable expenses that members of the Management Committee properly incur in connection with the exercise of their powers and the discharge of their responsibilities in relation to the Club.
The financial transactions of the Club shall be recorded in a proper set of books kept by the Treasurer.
Full accounts of the financial affairs of the Club shall be prepared each year.
The Management Committee may borrow money 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.
When so borrowing the Management Committee shall have power to raise in any way any sum or sums of money and to raise the repayment of any sum or sums of money in such manner on such terms and conditions as it thinks fit provided that in the event that the repayment of any sum or sums is to be secured (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) that grant of such security must be approved by the Club at a general meeting.
The Management Committee shall have no power to pledge the personal liability of any Member for repayment of any sums so borrowed.
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.
The property of the Club, other than cash at the bank, shall be vested in not less than two and not more than four Trustees, who shall be selected by the Management Committee. 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.
The Trustees shall be indemnified by the Club and the Management Committee shall pay all costs, losses and expenses which any such Trustee may incur or for which he may become liable by reason of any contract entered into or act or thing done by him in good faith as such Trustee in accordance with the instructions of the Management Committee or of a general meeting of the Club or otherwise in the discharge of his or their duties. The Management Committee may give to any Trustee, who has
incurred or may be about to incur any liability, at the request of or for the benefit of the Club such security by way of indemnity as may seem expedient.
The Club can send, make available or supply any notice, ballot paper, accounts, document, or other information by personal delivery, by posting it to the intended recipient’s usual address, by sending it or supplying it in electronic form to an address notified by the intended recipient to the Club or by making it available on a website and notifying the intended recipient of its availability in accordance with this rule.
If any notice or other information is left by the Club at the intended recipient’s usual address, it is treated as being received on the day it was left.
If any notice or other information is sent by the Club by post, it is treated as being received the day after it was posted if first class post was used, or 72 hours after it was posted if first class post was not used. In proving that any notice or other information was received, it is sufficient to show that the envelope was properly addressed and put into the postal system with postage paid.
If any notice or other information was sent using electronic means, it is treated as being received on the day it was sent. In the case of notices or other information available on a website, the notice or other information is treated as being received on the day on which it was made available on the website or, if later, the day on which the notice of availability is treated as being received by the intended recipient in accordance with this rule.
Only persons approved by the Committee shall use the club’s courts for the professional coaching of Tennis.
Where private coaching of non-members is permitted by the Committee, an appropriate court hire fee shall be paid.
Any employee of the Club shall be under the instructions of the Committee only, and no member shall have the power to reprimand an employee.
If a member has a cause for complaint regarding an employee, it shall be brought to the attention of the Committee in writing.
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 Two thirds of the Members present and voting.
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.
Any property remaining after the discharge of the debts and liabilities of the Club shall not be paid to or distributed among members of the Club, but shall be given or transferred to another non-profit making tennis club or voluntary organisation having objects similar to those of the Club or to a registered charity for lawn tennis or the LTA for use in community related tennis initiatives.