1.      Name

The name of the Club is Portsmouth & Southsea Cricket Club

 

2.      Club Purposes

The main purposes of the Club (the “Purposes”) are to provide facilities for and to promote participation in the amateur sport of cricket in Portsmouth area.

 

3.      Affiliation

3.1    The Club is affiliated to the Hampshire Cricket Board and therefore forms part of the regulated cricket community governed by England and Wales Cricket Board Limited, a company limited by guarantee with company number 3251364 (the “ECB”), which is the national governing body for the sport of cricket in England and Wales.

3.2    To maintain its affiliation, each year the Club will sign and adhere to the ECB’s Terms and Conditions of Affiliation as amended or restated from time to time.

3.3    The Club will adopt the ECB’s Anti-Discrimination Regulations as amended or restated from time to time (“ADRs”) and will ensure that all its members (playing and nonplaying), guests and volunteers comply with the ADRs. Any breaches or suspected breaches of the ADRs will result in appropriate disciplinary action being taken in accordance with Rule 10.

3.4    The Club will ensure that it and its members (playing and non-playing), guests and volunteers abide by the Laws of Cricket (as published by the Marylebone Cricket Club from time to time, and including the Spirit of Cricket as set out in the preamble thereto) and the following ECB regulations as amended or restated from time to time:

3.4.1 the ADRs;

3.4.2 the General Conduct Regulations for Recreational Cricket;

3.4.3 the Recreational Conduct Regulations;

3.4.4 the ECB's Safeguarding Regulations; and any future ECB regulations that succeed the regulations outlined above.

3.5    The Club will adopt and implement the ECB’s Safe Hands Policy as amended or restated from time to time. The Club must also have a separate club safeguarding Policy Statement, as required by the ECB.

 

4.      Permitted means of advancing the Purposes

The Committee has the power to exercise the following powers as it sees fit:

4.1    acquire, own, manage and operate the cricket club known as Portsmouth & Southsea Cricket Club for the benefit and use of its members (playing and non-playing), guests and volunteers including the creation and operation of one or more cricket teams and including the provision of clubhouse facilities;

4.2    acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;

4.3    provide coaching, training, medical treatment, and related social and other facilities;

4.4    take out any insurance for the Committee, employees, contractors, players, guests and third parties;

4.5    raise funds by appeals, subscriptions, loans and charges;

4.6    borrow money and give security for the same, and open bank accounts;

4.7    buy, lease or licence property and sell, let or otherwise dispose of the same provided that no disposal of Portsmouth & Southsea Cricket Club can be made without the prior written approval of the members voting at a general meeting;

4.8    make grants and loans and give guarantees and provide other benefits;

4.9    set aside or apply funds for special purposes or as reserves;

4.10 deposit or invest funds in any lawful manner;

4.11   employ and engage staff and others and provide services;

4.12 co-operate with any organisation, club, sporting body, government or government related agencies; and

4.13 do all other things reasonably necessary to advance the Purposes, including creating, running and organising cricket teams, organising matches, tours, social events, and junior cricket festivals. NONE of the above powers may be used other than to advance the Purposes consistently with the Rules below and the general law.

 

5.      The Committee

5.1    The Club shall be governed by a committee formed in accordance with these Rules (the “Committee”).

5.2    Role Subject to these Rules the Committee shall have responsibility for the management of the Club, its funds, property and affairs.

5.3    Property, etc.

5.3.1 The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are to be re-invested in the Club. No surpluses or assets will be distributed to members or third parties.

5.3.2 The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away match expenses, post-match refreshments and other ordinary benefits of CASCs as provided for in the CASC Regulations.

         5.3.3 The Club may also in connection with the Purposes:

(i)      sell and supply food, drink and related sports clothing and equipment;

(ii)     employ members but not players and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;

(iii)    pay for reasonable hospitality for visiting teams and guests; and

(iv)    indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).

5.3.4 The Committee shall ensure that it takes practical steps to comply with legislation relating to both the Equality Act 2010 and the safeguarding of children and vulnerable adults.

5.4    Composition, etc.

5.4.1 The Committee shall consist of at least 5 and not more than 20 members (including Officers and the Club Safeguarding Officers).

The Club Safeguarding Officers must be two of the members of the Committee.

5.4.2 At least three of the Committee must not be Connected Persons                                (as defined in Rule 16).

5.4.3 The Committee shall be elected by the members at the Annual General Meeting as set out in Rule 8.

5.4.4 When electing or co-opting Committee members, the Club shall have regard to the skills, experience, and diversity needed to govern the Club effectively and to represent the interests of its membership.

5.4.5 Any Committee member may be re-elected without limit. The Committee may agree a process, set out in the Club Regulations for nominating and electing Committee members at the AGM.

5.4.6 A Committee member ceases to be such if they:

(i) cease to be a member of the Club; or

(ii) resign by written notice to the Club; or

(iii) are removed by the Committee in accordance with Rule 5.7 and Rule 10.

5.5    Committee Meetings

5.5.1 Whenever a Committee member has a personal interest in a matter to be discussed they must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned. Conflicts of Interest must be recorded and minuted.

5.5.2 The Committee shall meet at least four times each calendar year. The Committee may decide its own way of operating but unless it otherwise resolves, the following rules apply:

(i) at least 2 Committee members must be present for the meeting to be quorate and for decisions made to be valid;

(ii) Committee meetings may be held either in person or by telephone, televisual or other electronic or virtual means agreed by the Committee in which all participants may communicate simultaneously with all other participants;

(iii) the Chair, or whoever else those present choose, shall chair meetings;

(iv) decisions shall be by simple majority of those voting;

(v) a resolution in writing signed by every Committee member shall be a valid method of making decisions without a meeting; and

(vi) the chair of the meeting shall not have a casting vote.

5.5.3 The Committee shall appoint two Club Safeguarding Officers (one female and one male) to ensure compliance with safeguarding legislation and the ECB's Safeguarding Regulations and Safe Hands Policy. The Club Safeguarding Officers shall be  Committee members and report to relevant Committee meetings and their reports, together with any action taken, must be minuted.

5.6    Bank Account

Any bank account in which any part of the Club's funds are deposited shall be operated by the Committee and shall be held in the name of the Club. Unless regulations state otherwise, all such accounts must have at least two authorised signatories appointed by the Committee, including at least one Committee member. For transactions above £1,000 authorisation from two authorised signatories is required.

5.7    Delegation, etc.

The Committee may delegate any of their functions to sub-committees but in each case must specify the scope of that sub-committee’s activity and powers, including but not limited to:

5.7.1 the extent to which it can commit the funds of the Club;

5.7.2 its membership; and

5.7.3 its duty to report back to the Committee.

The Committee may wind up any sub-committee at any time or change its mandate and operating terms.

5.8    Disclosure

Annual Club reports and statements of account must be made available for inspection by any member and all Club records may be inspected by any Committee member.

 

6.      Membership

6.1    Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs, except as a necessary consequence of the requirements of cricket.

6.2    The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.

6.3    The level of subscriptions will be decided by the Committee from time to time and notified to the members.

6.4    The Club will have the following classes of membership:

6.4.1 Full member – playing;

6.4.2 Social member – (non-playing  and non-voting); and

6.4.3 Junior member (under the age of 18, non-voting).

6.5    Application for membership of the Club shall be by completion of a membership application form in the form set from time to time by the Committee.

6.6    The Committee may prescribe criteria for membership of the Club but shall not be obliged to accept persons fulfilling those criteria as members.

6.7    The details of each successful applicant shall be entered into the register of members.

6.8    No person shall be eligible to take part in the business of the Club, vote at general meetings or be eligible for selection for any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Committee.

6.8.1          Two days must also have passed since the application for membership was submitted before membership can be granted.

6.9    The Committee may refuse membership, or remove it, at its discretion but only for good cause such as conduct or character likely to bring the Club or cricket into disrepute and:

6.9.1 the Committee may only refuse to admit a new member if a resolution is passed at a meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Committee to consider at the meeting. Appeal against a refusal of membership shall be to the Appeal Committee as detailed below in Rule 10.9; and

6.9.2 the procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail below.

6.10 The Committee shall notify in writing any applicant whose application for membership is not approved by it but shall not be bound to give any reason for such non-approval.

6.11   All members will be subject to these Rules and by applying for membership of the Club will be deemed to have accepted the terms of these Rules, any Club Regulations and any codes of conduct that the Club has adopted (in each case as amended or restated from time to time).

6.12 Any code of conduct adopted by the Club must be displayed prominently to ensure that all members, Club guests and non-member volunteers are aware of the code and the requirement to abide by it.

6.13 The Committee will keep a register of members.

6.14 Membership is not transferable and shall cease on death.

6.15 A member may resign by written notice to the Club, but the return of any subscription paid is at the discretion of the Committee.

 

7.      All General Meetings

7.1    All members may attend all general meetings of the Club in person.

7.2    All playing members over the age of 18 have one vote.

7.3    Members must be given at least 7 clear days’ notice of all general meetings.

7.4    Every notice calling a general meeting must specify the place, day and time of the meeting and the general nature of the business to be transacted.

7.5    The quorum for all general meetings is 10 members present and entitled to vote on the business to be transacted,

7.6    If a quorum is not present within 20 minutes of the start of the meeting, the meeting will be adjourned to the following week at the same time and place or such other time and place as the Committee decides and any voting members attending the adjourned meeting will constitute a quorum.

7.7    The Chair or (in their absence) another member chosen at the meeting by the members shall preside.

7.8    Except as otherwise provided in these Rules or in Club Regulations every resolution shall be decided by a simple majority of the votes cast on a show of hands.

7.9    Formalities in connection with general meetings (such as how to put down resolutions and nominate candidates for election to the Committee) shall be decided by the Committee in Club Regulations and publicised to members.

 

8.      Annual General Meetings

8.1    The Club will hold an AGM once in every calendar year and not more than 15 months after the last AGM.

8.2    At every AGM:

8.2.1 the members will elect a Committee, including the Officers to serve until the next AGM, at which the Officers appointed at the previous AGM shall retire. Each retiring Officer may stand for re-election

8.2.2 the treasurer will produce accounts of the Club for the latest financial year audited as the Committee shall decide;

8.2.3 the Committee will present a report on the Club's activities since the previous AGM;

8.2.4 the members will appoint a suitable person to audit the accounts; and

8.2.5 the members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting.

 

9.      Requisitioned General Meetings

A general meeting shall be called by the Secretary within 14 days of a request to that effect from the Committee or on the written request of not less than 5 members signed by them. Such general meeting shall be held on not less than 7 days’ nor more than 21 days’ notice at a place decided upon by the Committee or in default by the Chair. If the Committee fails to call a meeting within 14 days of receiving a valid request from the members then the requisitionists may themselves call a meeting in the manner as close as reasonably possible to the manner set out in Rule 7, the reasonably incurred costs of which will be reimbursed by the Club.

 

10.    Removal of Membership, Discipline and Appeals

10.1 Any complaints regarding the behaviour of members, guests or volunteers should be lodged in writing with the Secretary.

10.2 Upon receipt of a complaint pursuant to Rule 10.1, the Secretary shall notify the Committee of that complaint.

10.3 Upon receipt of a notice from the Secretary pursuant to Rule 10.2, the Committee shall first determine whether the complaint is of a minor or major nature, and shall provide the Secretary with a written reason for such determination and the Secretary shall make such record available for inspection by any person that is the subject of a written complaint.

10.4 Where a complaint is deemed to be minor in nature and/or it is not serious enough to warrant full disciplinary proceedings, the Committee may, at its discretion, delegate the resolution of such a complaint to a suitable person (including but not limited to the relevant captain, officer, or other responsible person).

10.5 Where a complaint is deemed to be major or where it is deemed to be minor but the Committee decides that it is not suitable for delegation under Rule 10.4, including because it is a repeat offence, the Committee shall appoint a disciplinary sub-committee (“Disciplinary Sub-Committee”), which shall be formed of no less than three members who were not involved in the circumstances leading to the complaint and are not Connected to the individual(s) who are the subject of the complaint.

10.6 The Disciplinary Sub-Committee shall meet to hear complaints within 21 days of a complaint being lodged. Any person requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call a reasonable number of relevant witnesses. The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including but not limited to the suspension or termination of membership or exclusion from Club premises.

10.7 Any person that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the Disciplinary Sub-Committee in reasonable time to prepare for any disciplinary hearing.

10.8 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within 14 days following the hearing.

10.9 There shall be a right of appeal by the person against whom the complaint was made within 14 days of receipt of the disciplinary decision:

10.9.1 against the Disciplinary Sub-Committee’s findings or the sanction imposed or both; or

10.9.2 against the Committee’s refusal to admit a new member

if so determined pursuant to Rule 6.9, in either case, the Committee shall appoint an appeals committee (“Appeals Committee”). The Appeals Committee shall have a maximum of three members which shall not include any member of the Disciplinary Sub-Committee (or any person Connected to them), or any other members involved with the initial disciplinary hearing but may include non-members of the Club. The Appeals Committee shall consider the appeal within 21 days of the Secretary receiving the appeal. The appellant shall be entitled to be accompanied by a friend or other representative and to call witnesses. The decision of the Appeals Committee shall be final and binding on all parties.

 

11.    Property Trustees

11.1   Any property or assets of the Club may be vested in between two and four trustees. The trustees shall hold the same for and on behalf of the members of the Club.

11.2   The Committee shall have power by notice in writing to appoint such trustees from the membership of the Club, and may remove them at any time, by resolution of the Committee.

11.3   The trustees shall deal with the Club’s property and assets as directed by the Committee from time to time.

11.4   The trustees shall be entitled to be indemnified against any cost or expense properly incurred in dealing with the Club’s property or assets out of the Club’s funds.

 

12.    Club Regulations

12.1 The Committee may make Club Regulations consistent with these Rules and will publicise these to the members.

 

13. Notices

13.1 Notices to be sent out in accordance with these Rules may be sent by hand, by post or by suitable electronic means and will be treated as being received:

13.1.1 24 hours after being sent by electronic means or delivered by hand to the relevant address;

13.1.2 two clear days after being sent by first class post; or

13.1.3 three clear days after being sent by second class post.

13.2 Notice by electronic means is deemed suitable if the member has provided an email address or mobile number for this purpose.

13.3 Notice of all general meetings must also be put on the Club’s notice board(s) and website (if any).

13.4 A technical defect in the giving of notice of which the members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.

14.    Amendments

14.1 These Rules may be amended at a general meeting by resolution passed by two-thirds of the votes cast but not (if relevant) so as to jeopardise the Club’s status as a CASC as first provided for by the CASC Regulations and not in any event to alter its Purposes (unless the procedure set out in 14.2 has been followed) or winding up provisions.

14.2 The Purposes of the Club (as set out in Rule 2) may be changed to include another eligible sport if the Committee unanimously agree and the members also agree the change by a 75% majority of votes cast at a properly convened general meeting.

 

15.    Winding Up the Club

15.1 The members may vote to wind up the Club if not less than 75% of those present and voting support that proposal at a properly convened general meeting.

15.2 The Committee will then be responsible for the orderly winding up of the Club’s affairs.

15.3 After settling all liabilities of the Club, any remaining assets shall be given or transferred to another registered CASC, a registered charity or the sport’s governing body for use by them in related community sports

 

16.    Interpretation

16.1 In these Rules, unless the context requires otherwise:

“AGM”               means a general meeting of the Club designated as an annual general meeting in accordance with Rule 8;

“Appeals Committee”         has the meaning ascribed to it in Rule 10.9;

“CASC”              means a Community Amateur Sports Club registered with HMRC under the CASC Regulations;

“CASC Regulations”           means Part 13 Chapter 9 of the Corporation Tax Act 2010 and the Community Amateur Sports Clubs Regulations 2015 (as modified by statute or re-enacted from time to time);

“Chair”               means the chair of the Club (if any) appointed from time to time;

“Club”                means the cricket club named in Rule 1;

“Club Regulations”    means any regulations of the club adopted by the Committee from time to time in accordance with Rule 12;

“Club Safeguarding Officer(s)”   means the person(s) whose responsibility it is to ensure compliance with safeguarding legislation and the ECB’s Safeguarding Regulations and Safe Hands Policy; “Committee” has the meaning ascribed to it in Rule 5;

 “Connected”     means any person falling within one of the following categories: (a) (a) any spouse, civil partner, parent, child, brother, sister, grandparent or grandchild of any person; or (b) (b) the spouse or civil partner of any person in (a); or (c) (c) any other person in a relationship with any person which may reasonably be regarded as equivalent to such a relationship as is mentioned at (a) or (b); or (d) (d) any company, partnership or firm of which any person is a paid director, member, partner or employee, or shareholder holding more than 1% of the capital; (e) “Disciplinary Sub-Committee” has the meaning ascribed to it in Rule 10.5; “ECB” has the meaning ascribed to it in Rule 3.1;

“Officers”          means the Chair, Secretary, and treasurer;

“Rules”              means these rules, as they may be amended and restated from time to time; and

“Secretary”        means the secretary of the Club (if any) appointed from time to time