The Constitution of Berkhamsted Cricket Club
1. Purpose
1.1. The club is called Berkhamsted Cricket Club
1.2. The Club is established in Berkhamsted to:
1.2.1. Provide competitive (league) cricket and friendly cricket
1.2.2. Promote, encourage and facilitate the playing, coaching and development of all aspects of the game of Cricket in Berkhamsted generally
1.2.3. Promote, encourage and facilitate the playing, coaching and development of all aspects of junior (Colts) cricket
1.2.4. Provide an enjoyable social and family environment for cricketers past and present and their families and guests and visitors
1.2.5. Play an active role in developing grass roots cricket as part of the Herts and ECB development plans
1.2.6. Maintain links with local schools and other cricket clubs in the area.
2. Membership
2.1. Membership shall be open to all irrespective of age, gender, disability, race, ethnic origin, and creed, colour, social status and sexual orientation.
2.2. The membership of the club comprises:
2.2.1. Full Members, over the age of 18, who pay the full member’s subscription (at whole or concessionary rates) and are entitled to represent the club as players or officials, hold office and to vote.
2.2.2. Junior members, under the age of 18, who pay the junior member’s subscription (at whole or concessionary rates) and are entitled to represent the club as players or officials but are not entitled to hold office or to vote.
2.2.3. Social Members, who pay the social members’ subscription and are entitled to participate in the club’s social activities, may hold office but are not entitled to vote unless they have been elected as an Officer.
2.2.4. Honorary Members, who are appointed by the Management Committee in recognition of their contribution to the club. These members may be termed Presidents, Life members, Vice Presidents or such other classes as the Committee shall decide. Honorary Members may hold office and are entitled to vote.
2.3. Application for membership is made to the Management Committee and must be considered by the Committee and a majority vote by the Committee is sufficient to entitle the candidate to become a member.
3. Subscriptions
1.1. The annual and other subscriptions (such as match fees) payable by Members are such as the Management Committee from time to time prescribe.
1.2. The Management Committee may provide for payment of annual subscriptions by instalments and for part subscriptions if Members join part way through the year.
1.3. The Management Committee may vary the subscription level for an individual Member to take account of his/her personal situation or special contribution to the Club.
1.4. Annual Subscriptions are to be paid by the 1st May and instalment subscriptions are to commence by no later than 31st January. Late subscriptions shall be subject to such penalties as the Committee determine.
2. Non-payment of subscriptions
2.1. Any Member whose annual subscription remains unpaid 3 months after the due date ceases to be a Member of the Club and forfeits all right in and claim upon the Club and its property unless the Committee suspend the operation of this provision, which they may do as regards any particular Member on such terms as they determine at their discretion.
2.2. Where the Management Committee have resolved in accordance with section 3.4 that the subscription of any particular Member may be paid by instalments, section 4.1 applies to the non-payment of any instalment within 1 month of the due date.
3. Expulsion of Members
3.1. If the conduct of any Member is in the opinion of the Management Committee injurious to the character of the Club or the interests of the Members or objectionable in any respect, that Member may either:-
11.1.1 be suspended immediately by the Management Committee pending the conclusion of any investigation into the relevant conduct or for any other period which the Committee may reasonably impose; or
11.1.2 be required by the Management Committee to resign, and, if he/she does not resign within one week, the Member may (after he/she has been given the opportunity to justify or explain his/her conduct) be expelled by resolution of the Committee.
3.2. Any Member expelled in accordance with this constitution, or otherwise ceasing to be a Member, shall surrender his/her Club membership rights and forfeits all right to or claim upon the Club or its property or funds or any return of fees paid and remains liable for any outstanding fees or charges due from him/her at the date of expulsion or cessation.
4. Annual general meeting
4.1. The Club must hold a general meeting in each year as its annual general meeting in addition to any other meetings in that year, and must specify the meeting as the annual general meeting in the notices calling it.
4.2. Not more than 23 months may elapse between the date of one annual general meeting of the Club and that of the next.
4.3. The annual general meeting must be held at such time and place as the Management Committee appoint.
1.1. The business to be transacted at each annual general meeting shall be:
1.1.1. to approve the minutes of the previous annual general meeting;
1.1.2. to receive a report from the Club Chairman;
1.1.3. to receive a report from the Treasurer and approve the Club’s accounts;
1.1.4. to receive a report from the Club Captain;
1.1.5. to receive reports from other Officers as appropriate;
1.1.6. to elect officers, properly nominated and supported;
1.1.7. to appoint an honorary auditor; and
1.1.8. to consider any other business properly noted on the agenda prior to the meeting.
1.2. Should any Member wish to place any item on the agenda of any annual general meeting he/she must do so in writing to the Club Secretary not less than five days before the date of the meeting and the Club Secretary shall note any such item on the Club’s notice boards.
2. Extraordinary general meeting
2.1. All general meetings other than annual general meetings must be called extraordinary general meetings.
2.2. The Committee may, whenever they think fit, and must, on a requisition made in writing by at least 20 Members or Members representing not less than one third of the total voting rights of all the Members having at the date of deposit of the requisition a right to vote at general meetings, whichever is the lesser, convene an extraordinary general meeting.
2.3. Any requisition made by the Members must state the object of the meeting proposed to be called, and must be signed by the requisitionists and delivered to the Club Secretary. The business to be transacted at any such meeting shall be limited to the issues stated in the requisition.
2.4. On receipt of the requisition the Club Secretary must immediately proceed to convene an extraordinary general meeting.
2.5. If the Club Secretary does not proceed to call a meeting within 28 days from the date of deposit of the requisition, the requisitionists, may convene such a meeting.
3. Notice of meetings
3.1. Notices convening any general meeting shall be posted on the Club’s notice boards and communicated to all Members either by e-mail or by post at least 14 days before the date of the meeting.
3.2. Accidental omission to give notice of any meeting to or non-receipt of such notice by any Member does not invalidate the proceedings at that meeting.
4. Quorum
1.1. No business may be transacted at any meeting of the Club unless a quorum is present.
1.2. Save as otherwise provided in these articles, 15 Members personally present is a quorum.
1.3. If within half an hour from the time appointed for the meeting a quorum of Members is not present, or, if during a meeting such a quorum ceases to be present:
1.3.1. if the meeting was convened on the requisition of Members, it must be dissolved;
1.3.2. in any other case the meeting stands adjourned to the same day in the next week at the same time and place or to such time and place as the Committee may determine and, if at the adjourned meeting a quorum of Members is not present within half an hour of the time appointed for the meeting, the Members present may form a quorum.
2. Chairman
2.1. The Club Chairman must preside as chairman at every general meeting of the Club.
2.2. If there is no such chairman, or, if at any meeting he is not present within 15 minutes of the time of holding the meeting, the Members present may elect one of their number who is in the Management Committee to be chairman of the meeting.
3. Passing of resolutions
3.1. At any general meeting:
3.1.1. a declaration by the chairman that a resolution has been carried, or carried unanimously, or carried by a particular majority, or lost, or not carried by a particular majority, and
3.1.2. an entry to that effect in the book of proceedings of the Club;
are conclusive evidence of the fact without proof of the number of proportions of the votes recorded in favour of or against the resolution, unless a poll is demanded by the chairman or by a majority of the Members present and entitled to vote.
3.2. If a poll is demanded in the above manner, it must be taken in such manner as the Chairman directs, and the result of the poll is deemed to be the resolution of the meeting at which the poll was demanded.
4. Voting rights
4.1. Every Member may attend general meetings of the Club but only those Members defined in section 2 may vote at such meetings.
4.2. No Member may vote at any meeting unless all the money then due from him/her to the Club has been paid.
4.3. Every Member entitled to vote has one vote and no more.
4.4. Voting shall be by a show of hands unless a poll is demanded.
5. Management Committee
1.1. The Club is run by the Management Committee which comprises the Chairman, Secretary, Treasurer, Club Captain, Colts Manager, Child Welfare Officer and Social Secretary.
1.2. The role of these officers is as follows:
1.2.1. Chairman - is responsible for the overall stewardship of the Club and its long term development, general administration, represents the Club on all non-cricketing matters and chairs the General meetings and the General Purposes sub-committee. The Chairman is the first BCC representative on the BSSC management committee.
1.2.2. Secretary - is responsible for the statutory administration of the club including membership matters, and serves as a deputy for the Chairman. The Secretary is the second BCC representative on the BSSC management committee.
1.2.3. Treasurer - is responsible for maintaining proper books of accounts for the Club, managing the bank accounts and cash balances of the Club and preparing a financial plan for the Club. The books of account must always be open to the inspection of the Officers and Members. The Treasurer is an ex-officio member of all sub-committees.
1.2.4. Club Captain – is responsible for the club’s cricket policies and development plans. Ensures the club adheres to the Spirit of Cricket. Chairs the Cricket sub-committee and represents the Club at all relevant cricket forums and events.
1.2.5. Colts Manager - organises and manages the colts section and longer-term development of the colts, coaching, partnerships with schools and the Extra Cover Trust or other cricket charities. Chairs the Colts sub-committee. Shares responsibility with the Child Welfare Officer for ensuring that the club is in full compliance with all child welfare and the ECB Safe Hands policies. The Colts Manager is the third BCC representative on the BSSC management committee.
1.2.6. Child Welfare Officer - ensures the club is in full compliance with all child welfare and the ECB Safe Hands policies. Serves as the primary point of contact for any member, child or parent who has any concerns or questions relating to child welfare. Must be qualified under the ECB’s requirements.
1.2.7. Social Secretary – is responsible for organising social and fundraising events and activities. Chairs the Social sub-committee.
1.3. The Management Committee meets at least twice a year. Its main role is to:
1.3.1. prepare and implement the long-term development plan of the Club
1.3.2. prepare and administer the rolling business plan of the Club
1.3.3. ensure proper co-ordination of the work of the sub-committees
1.4. The sub-committees meet as often as is necessary to fulfil their role.
1.5. The quorum of the Management Committee is six Officers and of each sub-committee is three of their Officers.
1.1. The Management Committee and all other committee meetings are open meetings (ie any paid-up member may observe) unless the matter under discussion affects an individual member, in which case that particular part of the meeting shall be held in camera.
2. Cricket sub-committee
2.1. The role of the Cricket sub-committee is to:
2.1.1. establish cricket policies and development plans
2.1.2. set cricket objectives
2.1.3. appoint the First XI Captain
2.1.4. shape team selection policy
2.1.5. improve quality of performance
2.1.6. deal with cricket disciplinary issues
2.1.7. ensure the club adheres to the Spirit of Cricket
2.1.8. determine and fulfil overseas player requirements and
2.1.9. address any other cricketing matters.
2.2. The Officers and membership of the Cricket sub-committee are as follows:
2.2.1. Club Captain
2.2.2. Team Secretary - Manages the selection of teams in accordance with the team selection policy
2.2.3. Fixtures Secretary - Organises the fixtures for upcoming season and liaises with other clubs to ensure arrangements are confirmed
2.2.4. Team Captains - Responsible for cricket performance of their teams, management of nets and other coaching sessions
2.2.5. Colts Manager
2.2.6. Players’ representative(s) – Represent the views of the playing members. The number of players’ representatives to be elected or co-opted is determined by the other members of the cricket committee.
3. General Purposes sub-committee
3.1. The role of the General Purposes sub-committee is to:
3.1.1. Manage the administration of the Club
3.1.2. Maintain and improve the grounds and other physical assets of the Club or used by the Club
1.1.1. Plan and implement external fund raising and sponsorship activities
1.1.2. Oversee miscellaneous projects and activities to do with the promotion of the Club, its management and resources and any other aspects of the Club not dealt with by other sub-committees.
1.2. The Officers and membership of the General Purposes sub-committee are as follows
1.2.1. Chairman
1.2.2. Secretary
1.2.3. The Treasurer
1.2.4. The Fund-raising Manager(s) – prepares and co-ordinates the fundraising activities of the Club. The number of fund-raising managers to be elected or co-opted is determined by the other members of the sub-committee
1.2.5. The Facilities Manager – maintains and improves the physical assets used by the Club
2. Colts sub-committee
2.1. The role of the Colts sub-committee is to:
2.1.1. Prepare and implement the long-term development plan of the Colts section
2.1.2. Plan and organise the Colts teams matches and coaching sessions
2.1.3. Ensure the club is in full compliance with all child welfare and the ECB Safe Hands policies.
2.1.4. Ensure the club has sufficient qualified coaches and coaching/playing equipment to meet the requirements of the colts section
2.1.5. Oversee partnerships with schools and the Extra Cover Trust or other cricket charities.
2.2. The Officers and membership of the Colts sub-committee are as follows
2.2.1. Colts Manager
2.2.2. Child Welfare Officer
2.2.3. Deputy Child Welfare Officer
2.2.4. All Colts Team Managers
2.2.5. Senior Coach
3. Social sub-committee
3.1. The role of the Social sub-committee is to organise social and internal fundraising events and activities.
1.1. The Officers and membership of the Social sub-committee are as follows
1.1.1. Social Secretary
1.1.2. Ad hoc members appointed either to the Social sub-committee or specific event sub-committees
2. Election and term of Officers
2.1. The Officers, with the exception of the First X1 Captain, are nominated and seconded by any two Full Members, unless he/she is expelled or retires pursuant to these articles before the expiry of such period.
2.2. All Officers hold office for one year, except the Chairman, Club Captain and the Secretary who hold office for three years, with elections to be held in different years (to provide for good continuity).
2.3. Additional officers such as Players’ representatives, fund-raising managers and those involved in organising social events may be co-opted by the sub-committees and serve for the period required.
3. Retirement and removal of Officers
3.1. Any retiring Officer is eligible for re-election at the same or any other general meeting of the Club.
3.2. An Officer may be removed if:
3.2.1. his/her membership of the Club is terminated in accordance with these articles;
3.2.2. he/she absents himself from meetings of the Committee or sub-committees for a continuous period of six calendar months without special leave of absence from the other Officers; or
3.2.3. he/she gives the Officers one calendar month’s notice in writing that he/she resigns his/her office; or
3.2.4. he/she is removed by extraordinary resolution of the Committee; or
3.3. he/she is removed by extraordinary resolution passed at a general meeting of the Club.
4. Powers of Officers
4.1. The Officers of the Club may exercise all powers that may be exercised by the Club and do anything that may be done by the Club, except where under these articles the power must be exercised or the thing be done by the Club in general meeting.
4.2. The Officers may act notwithstanding vacancies.
4.3. The Officers of the Club may issue debentures, debenture stock, bonds, or obligations of the Club at any time, in any form or manner, and for any amount, and may raise or borrow for the purposes of the Club any sum or sums of money either upon mortgage or charge of all or any of the property of the Club, whether present or future, or on bonds or debentures secured by trust deed or otherwise or not secured as they may think fit.
1. Presentation of accounts
1.1. Once at least in every year the Officers must lay before the Club in general meeting an account of income and expenditure for the period since the preceding account.
1.2. A set of accounts must be made out in every year and laid before the Club in general meeting, made up to a date not more than six months before such meeting.
1.3. An honorary auditor must review and report on the accounts laid before the meeting
2. Changes to the Constitution
2.1. Changes to the Constitution require a two thirds majority of eligible voting members of the Club present at an AGM or EGM.
3. Byelaws
3.1. The Officers of the Club may from time to time make, alter and repeal any byelaws they consider necessary or expedient or convenient for the proper conduct and management of the Club, and in particular, but not exclusively, they may by such byelaws:
3.1.1. regulate the terms and conditions upon which honorary guests, children of Members and visitors may participate in the activities of the Club;
3.1.2. promulgate the rules to be observed and the prizes or stakes to be played for by Members playing any games on the premises of the Club;
3.1.3. regulate the conduct of the Members in relation to one another and to the Club
3.1.4. impose fines for breach of any byelaw or any article of the Constitution of the Club; and
3.1.5. regulate all matters that are commonly the subject of the Club’s rules.
3.2. The Officers must adopt whatever means they consider sufficient to bring all byelaws, alterations and repeals to the notice of the Members.
3.3. All byelaws, so long as they are in force, are binding on all Members.
3.4. No byelaws may be inconsistent with, or affect or repeal anything contained in, the Constitution of the Club, or be in breach of any statutory provision.
3.5. Any byelaw may be set aside by a special resolution of a general meeting of the Club.
4. Dissolution
4.1. If the Club is wound up, whether voluntarily or otherwise, the liquidator may, with the sanction of an extraordinary resolution of the Club
4.1.1. divide among the Members in specie or in kind, the whole or any part of the assets of the Club; and
4.1.2. vest the whole or any part of the assets of the Club in trustees upon such trusts for the benefit of the Members as he, with the same sanction, determines
1.1.1. transfer the whole or any part of the assets of the Club to charities or other organisations which pursue the same or similar aims as that of the Club
2. Disputes
2.1. Any disputes which may arise as to the meaning or interpretation of these rules or any byelaws shall be determined by the Committee.
EQUITY POLICY STATEMENT
§ This club is committed to ensuring that equity is incorporated across all aspects of its development. In doing so it acknowledges and adopts the following Sport England definition of sports equity:
§ Sports equity is about fairness in sport, equality of access, recognizing inequalities and taking steps to address them. It is about changing the culture and structure of sport to ensure it becomes equally accessible to everyone in society.
§ The club respects the rights, dignity and worth of every person and will treat everyone equally within the context of their sport, regardless of age, ability, gender, race, ethnicity, religious belief, sexuality or social/economic status.
§ The club is committed to everyone having the right to enjoy their sport in an environment free from threat of intimidation, harassment and abuse.
§ All club members have a responsibility to oppose discriminatory behaviour and promote equality of opportunity.
§ The club will deal with any incidence of discriminatory behaviour seriously, according to club disciplinary procedures.
Cricket is a game that owes much of its unique appeal to the fact that it should be played not only within its Laws but also within the Spirit of the Game. Any action which is seen to abuse this spirit causes injury to the game itself. The major responsibility for ensuring the spirit of fair play rests with the captains.
1. There are two Laws which place responsibility for the team's conduct firmly on the captain.
Responsibility of captains
The captains are responsible at all times for ensuring that play is conducted within the Spirit of the Game as well as within the Laws.
Player's conduct
In the event of a player failing to comply with instructions by an umpire, or criticising by word or action the decision of an umpire, or showing dissent, or generally behaving in a manner which might bring the game into disrepute, the umpire concerned shall in the first place report the matter to the other umpire and to the player's captain, and instruct the latter to take action.
2. Fair and unfair play
According to the Laws the umpires are the sole judges of fair and unfair play.
The umpires may intervene at any time and it is the responsibility of the captain to take action where required.
3. The umpires are authorised to intervene in cases of:
- Time wasting
- Damaging the pitch
- Dangerous or unfair bowling
- Tampering with the ball
- Any other action that they consider to be unfair
4. The Spirit of the Game involves RESPECT for:
- Your opponents
- Your own captain
- The roles of the umpires
- The game's traditional values
5. It is against the Spirit of the Game:
- To dispute an umpire's decision by word, action or gesture
- To direct abusive language towards an opponent or umpire
- To indulge in cheating or any sharp practice, for instance:
(a) to appeal knowing that the batsman is not out
(b) to advance towards an umpire in an aggressive manner when appealing
(c) to seek to distract an opponent either verbally or by harassment with persistent clapping or unnecessary noise under the guise of enthusiasm and motivation of one's own side
6. Violence
There is no place for any act of violence on the field of play.
7. Players
Captains and umpires together set the tone for the conduct of a cricket match. Every player is expected to make an important contribution towards this.