1. NAME
The name of the Club shall be The Clapham Old Xaverians’ Association Sports and Social Club (“the Club”).
2. OBJECTS
The objects of the Club shall be to promote the amateur sports of Association Football and Cricket in South London and Surrey and community participation in the same.
3. FORM
The Club shall be a Community Amateur Sports Club (CASC)
4. A. PROPERTY and FUNDS
(i) 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 reinvested in the club.
(ii) The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, post match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
(iii) The Club may also in connection with the sports purposes of the Club:
(a) sell and supply food, drink and related sports clothing and equipment;
(b) employ members (though not for playing) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;
(c) Pay for reasonable hospitality for visiting teams and guests;
(d) 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).
(e) The Committee will have due regard to the law on disability discrimination and child protection.
4. B. WINDING UP
(a) The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.
(b) The Committee will then be responsible for the orderly winding up of the Club’s affairs.
(c) After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
(i) to another Club with similar sports purposes which is a registered charity
and/or
(ii) to another Club with similar sports purposes which is a registered CASC
and/or
(iii) to the Club’s governing body for use by them for related community sports.
5. MANAGEMENT
A. The Management of the Club shall be vested in a Management Committee consisting of: -
i) Chairman
ii) Vice Chairman
iii) Secretary
iv) Treasurer
v) Not less than 4 other members to assume such areas of responsibility as the Management Committee shall determine. At the date of the adoption of this constitution those areas are: -
a) Football Club Secretary
b) Football Club Treasurer
c) Football Club Captain
d) Cricket Club Secretary
e) Cricket Club Treasurer
f) Cricket Club Captain
g) Clubhouse Manager
h) Bar Manager
i) Membership Secretary
B. The Management Committee shall have power to: -
i) Co-opt voting members to fill vacancies created by the resignation or non-election of Officers on the Management Committee.
ii) Co-opt non-voting Members who shall be invited to attend all or specific Management Committee Meetings.
C. Candidates for the Committee must be in at least their second year of membership and must be
full members. Any member who ceases to be a full member of the Club shall automatically vacate
office.
6. SUB-COMMITTEES
The Chairman may appoint sub-committees of such size and composition as he thinks fit to assist committee carrying out their duties. In particular, the Bar Manager shall ensure that all laws in relation to the sale and supply of alcohol are observed.
7. MANAGEMENT COMMITTEE MEETINGS
The Management Committee will meet monthly, but a minimum of six times a year. At each Meeting,
five members entitled to vote shall constitute a quorum.
8. MEMBERSHIP
(i) Membership of the Club shall be open to anyone interested in Association Football or Cricket
on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion
or other beliefs. However, limitation of membership according to available facilities is allowable
on a non-discriminatory basis.
(ii) The Club may have such different classes of membership as The Management Committee
shall from time to time decide and subscriptions shall be set by the Management Committee on
a non-discriminatory and fair basis in accordance with clause 10 hereof. The Club will keep
subscriptions at levels that will not pose a significant obstacle to people participating.
(iii) The Management Committee may refuse membership, or remove it, only for good cause such
as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or
removal may be made to the members in accordance with clause 18
(iv) It shall be an obligation on the part of every member to observe the conditions for the
regulation of the Club as laid down in the Club's Constitution and in any Bye-laws or other
Rules established by the Management Committee.
(vii) The Management Committee may, in special circumstances, admit to Honorary Membership
other such persons as it may wish.
9. NEW MEMBERS
A copy of each of the Constitution, Bye-laws and Rules referred to in Clause 9 above shall be made available to all applicants for membership who must be duly proposed and seconded by members entitled to vote.
10. ENTRANCE FEES AND SUBSCRIPTIONS
The entrance fee and subscriptions shall be determined by the Management Committee who shall circulate notice of such fees to the Members at least 28 days before the start of the Club year. (1st September) Members who have not paid their subscriptions by such date as may be determined by the Management Committee are liable to be removed from membership of the Club, without further notice.
11. VISITORS
A member may bring visitors to the Club.
12. ANNUAL GENERAL MEETING
a) The Annual General Meeting of the Club shall be held within two calendar months from 31 August.
b) At each Annual General Meeting Officers, the other elected members of the Management Committee and all co-opted members shall vacate office at the close of the Annual General Meeting. Otherwise all Management Committee members including the officers shall be eligible for re-election.
c) The business of the Annual General Meeting shall be: -
i) To approve the Minutes of the previous Annual General Meeting and of any subsequent Extraordinary General Meeting.
ii) To receive the Chairman’s Report for the year.
iii) To approve the Accounts of the Club for the previous accounting period.
iv) The election of Chairman, Secretary and Treasurer.
v) The election of other members to the Committee.
vi) To appoint the auditor.
vii) To consider any motions of which due notice has been given In accordance with the provisions of the Club's Constitution.
viii) Any other business which may be properly conducted.
d) A Notice of the Annual General Meeting shall be sent to Members at least 28 clear days beforehand.
e) Members shall submit, so as to be received by the Secretary, not less than 14 clear days before the date of the Annual General Meeting:
i) nominations for the Management Committee, such nominees having given their consent before being nominated; and such motions as they wish to be presented at the meeting and
ii) All such nominations and motions must be duly proposed and seconded.
g) All full members shall have a vote at Annual General Meetings and Special General Meetings. Members in all the other categories shall not have a vote at Club meetings.
h) Voting shall be by show of hands.
13. SPECIAL GENERAL MEETINGS
a) An Extraordinary General Meeting of the Club can be called at the request of the Management Committee or at the request of at least 20 full members who may petition such a meeting.
b) Such petition shall include full particulars of the motion or items of business in respect of which the meeting is sought.
c) At least 28 days clear notice must be given to members for an Extraordinary General Meeting.The Agenda must be circulated with the Notice and no other motions can be added to the agenda.
14. CHAIRMAN FOR GENERAL MEETINGS
The Chairman shall preside over the Annual General Meeting or any Special General Meeting. In his absence the secretary shall take the Chairmanship of any such meeting and chair any Management Committee. In the absence of both, the Chair shall be taken by a Management Committee member nominated by the members of the Management Committee present.
15. VOTING MAJORITIES REQUIRED
a) Save as hereinafter mentioned, all motions shall be passed by a simple majority (the majority of one).
b) Apart from Clause (c) below, a motion to change any clause in the Club Constitution may only be considered at an Extraordinary General Meeting requisitioned for that purpose and must be passed by a Special Resolution requiring a seventy-five per cent majority of those present and entitled to vote.
c) In the case of equality of votes, the Chairman shall have a casting vote.
16. FINANCE
The Management Committee shall be responsible for financial policy. The Accounts of the Club
Shall be audited annually by an independent auditor who shall be approved at the Annual General Meeting.
The Treasurer shall keep the accounts of the Club and present an income and expenditure account
to each meeting of the management committee. The Treasurer will be responsible for the operation
of the Club’s bank accounts. Drawings from such accounts shall be signed at all times by two
members of the Management Committee one of whom shall be the Chairman, the Secretary or
Treasurer. Such signatories shall have sufficient authority and shall bind the club in all transactions
between the bank and the club.
17. SUSPENSION
The Management Committee may suspend, for any length of time a member whose conduct it
considers justifies suspension. Written notice of the suspension must be given to the member
explaining the reasons for the decision.
18. EXPULSION
The Management Committee may expel a member whose conduct it considers such as to justify
expulsion. Prior to being expelled any such member must be given written notice of the reasons and
a right to respond thereto orally or in writing within fourteen days of such notice being posted, which
shall be by first class mail to the member's last known address. The Management Committee shall
consider any response from the member before deciding whether to expel such member.
19. OTHER MATTERS
The Management Committee shall have the power to deal with all matters not provided for in this
Constitution and to adopt Rules and bye-laws for the operation of the Club provided that such Rules
and bye-laws shall not be inconsistent with any provisions of this Constitution. In the event of any
inconsistency this Constitution shall prevail.
Where there is any conflict between any of the Rules set out in clauses 2, 3 and 4 hereof (“key Rules”) and any other rule or rules the key Rule will take priority. Interpretation of all the Rules
must be consistent with the statutory requirements for CASCs (which means Community Amateur
Sports Clubs as first provided for by the Finance Act 2002.)