RULES OF FOLLIFOOT CRICKET CLUB

1.NAME

The name of the Club is Follifoot Cricket Club (hereinafter referred to as "the Club").

2.OBJECTS

The objects of the Club shall be to:

(a)be a members club consisting of ordinary members together with such honorary members as are hereinafter mentioned;

(b)promote and provide for the benefit of the Members regardless of their ability the requisite amenities for the pursuit of the amateur game of cricket and social activities ancillary thereto;

(c)enter teams into such league and cup competitions and to be affiliated to such associations as shall be decided by the Members at General Meetings of the Club;

(d)make high quality coaching available to Members;

(e)ensure that the Club is open, friendly and inviting;

(f)encourage Members to become qualified cricket officials;

(g)build and strong and vibrant junior cricket section which will secure the future generations of senior Members of the Club;

(h)ensure that the Club is part of the social fabric of the village of Follifoot and to nuture and engender strong and lasting links with the wider local community in promoting the Club, the sport of cricket and the benefits of sport generally; and

(i)help Members reach their potential within the sport of cricket.

3.MEMBERS

(a)Subject always to Rules 3(c) and (e) below, membership of the Club shall comprise the following categories of person (collectively known as “Members”):

Ordinary Members being:

(i)Full Playing Members are Members who wish to be included in the team selection process;

(ii)Junior Playing Members are Members who are aged under 18 years of age on the date the annual subscription is due and wish to be included in the team selection process;

(iii)Non-playing Members are Members who do not wish to be included in the team selection process but nevertheless wish to enjoy all the other privileges of membership and are not Honorary Members;

Honorary Members being:

(iv)Vice Presidents elected at the Annual General Meeting;

(v)Life Members elected at the Annual General Meeting.

(b)The Secretary shall keep a register of Members and enter in it the names and addresses of all persons who are Members.

(c)Election to membership shall either be by the Club in General Meeting or by the Committee as appropriate. The Committee shall have the absolute discretion to refuse ordinary membership to any candidate provided always that the Committee shall not seek to refuse membership on the grounds of race, ethnic origin, disability, sex, age, sexual orientation, creed or religious or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.

(d)Every candidate for ordinary membership must be proposed by one Member of the Club and the proposal must be seconded by another Member of the Club, both the proposer and seconder vouching for the candidates fitness for membership.

(e)A Member shall cease to be a Member in the following circumstances:

(i)if he gives to the Secretary written notice of resignation of his membership;

(ii)in accordance with Rule 15.

(f)All Members are deemed to have read and accepted these Rules of the Club.

4.SUBSCRIPTIONS, FINANCES AND ACCOUNTS

(a)The financial year of the Club shall end on 30 September in every year, to which day the accounts shall be balanced and drawn.

(b)The annual subscriptions payable by the Ordinary Members shall be fixed by the Committee following the Annual General Meeting for the coming season and shall be fixed at levels that will not pose a significant obstacle to people participating as Ordinary Members. Subscriptions shall be payable in advance to the Treasurer by 1 May in each year for the then current accounting year or in the case of Ordinary Members elected to membership after 1 May in any year, within one month of election to membership.

(c)Honorary Members shall not be liable to pay annual subscriptions regardless of whether they may also be Full or Junior Playing Members but shall be entitled to all the privileges of membership.

(d)The Committee shall have the discretion to waive payment of or reduce the subscription of a Member as it sees fit.

(e)The Treasurer shall keep such proper books of account as will enable him to present at every Annual General Meeting of the Club, or at any other time if required (on reasonable notice to him) by the Committee, an accurate report and statement concerning the finances of the Club, including a separate statement with regard to the purchase and sale of intoxicating liquor or such accounts as are referred to in Clause 4(k) below, for the preceding year, or for the current year as the case may be, and shall present such report and statement accordingly.

(f)The Club may seek to raise money via any means available to a voluntary organisation in pursuit of the Objects set out in Clause 2.

(g)The Club is empowered to open and hold such bank accounts as are approved by the Members in General Meeting.

(h)Signatories to the Club bank accounts shall be the Treasurer and up to two other Officers of the Club.

(i)All monies received by the Club shall be paid into an account at the Club’s bank in the name of the Club, and cheques and other instruments drawn on and directions to the bankers shall be signed by any two of the signatories.

(j)No action involving expenditure in the name or on behalf of the Club shall be taken, and no undertakings which would commit the Club to material expenditure or other liability shall be made without the prior authority of a resolution of the Committee. Any Member who commits the Club to any expenditure in breach of this Clause shall indemnify and hold harmless the Club for any such expenditure and/or liability (including but not limited to third party claims (including claims for interest and costs).

(k)In circumstances where the Club is the recipient of grant monies such monies shall be placed in a separate account and held by the Club in a fiduciary capacity on trust for the grantor until such time as such monies have been expended for the purposes for which they were granted to the Club.

5.OFFICERS AND TEAM CAPTAINS AND VICE CAPTAINS

(a)The Officers of the Club shall be a President, a Chairman, a Vice-Chairman, a Treasurer and a Secretary and subject to Clause 6 (c) and (d) they must be elected by the Members of the Club at the Annual General Meeting. No-one person shall hold more than one office at any one time.

(b)Subject to Clause 6(n) The team captains and vice-captains and the other member of the selection committee shall be elected by the Members of the Club at the Annual General Meeting. They shall all retire at the Annual General Meeting and otherwise each retire during by giving not less than twenty one days written notice to the Secretary.

6.THE COMMITTEE

(a)The Committee of the Club shall consist of six Members of the Club, and must include the President, Chairman, Vice-Chairman, Secretary and Treasurer. Two other member of the Committee shall be elected at the Annual General Meeting one of which shall be a Full Playing Member.

(b)Any member of the Committee may retire by giving one month’s prior written notice to the Secretary, and all shall retire at the Annual General Meeting, but shall be eligible for re-election at that meeting if they so chose. The Secretary may retire by giving one month’s prior written notice to the Chairman.

(c)Any casual vacancy on the Committee or of any office arising between Annual General Meetings may be filled by a Member chosen by at least three quarters of the Committee other than the position of Chairman which must be filled by the Vice-Chairman and his position shall then be filled as for any other casual vacancy set out above.

(d)An Officer of the Club may only be removed during his term of office by a two thirds majority or more of Members in attendance and entitled to vote at an Extraordinary General Meeting and upon removal of an Officer at an Extraordinary General Meeting a replacement for the removed Officer shall be elected by a simple majority of those Members in attendance and entitled to vote at an Extraordinary General Meeting.

(e)The Secretary shall maintain a record of the attendance at Committee Meetings by Committee members for presentation at the Annual General Meeting. The Secretary shall keep a record of the minutes of the Committee meetings, which shall be available for view by any Member on written request and a summary of the minutes of each Committee meeting shall be distributed to the Members by the Secretary prior to the next Committee meeting.

(f)The Committee shall manage all the affairs of the Club including its funds and property save as in those respects set out in these Rules as being reserved for the Club in General Meeting. The Committee shall have the power to:

(i)acquire and provide equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;

(ii)provide coaching, training, medical treatment, and related social and other facilities;

(iii)take out any insurance for the Club, contractors, players, guests and third parties;

(iv)seek any obtain any necessary accreditation or registration consistent with the Objects of the Club;

(v)raise funds by appeals, grants, subscriptions, and interest free loans;

(vi)open bank accounts;

(vii)set aside funds for special purposes or as reserves;

(viii)invest funds in any lawful manner;

(ix)employ and engage staff and others and provide services;

(x)co-operate with or affiliate to any bodies regulating or organising the sport of cricket and any club or body involved with the sport of cricket; and

(xi)do all other things reasonably necessary to advance the Objects of the Club;

None of the above powers may be used other than to lawfully advance the Objects consistent with these Rules.

(g)The Committee shall not direct the Trustee(s) to sell, lease, mortgage or pledge any Property of the Club for the purpose of raising or borrowing money or otherwise for the benefit of the Club without the consent of a two-thirds or more majority of the Members at a General Meeting who attend and are entitled to vote. Neither shall the Committee sell, lease, mortgage or pledge any assets of the Club for the purpose of raising or borrowing money on behalf of the Club without the consent of a two thirds or more majority of the Members at a General Meeting who attend and are entitled to vote.

(h)The Committee may appoint one or more sub-committees from time to time for such purposes as it deems appropriate.

(i)The Committee may from time to time make, vary and revoke byelaws (not inconsistent with these Rules) for the regulation of the internal affairs of the Club and the conduct of the Members, and the byelaws for the time being in force shall be binding on the Members.

(j)The quorum of the Committee shall be four.

(k)Committee meetings shall be held not less than once in every two months.

(l)Not less than three day’s written notice shall be given by the Secretary to members of the Committee of every meeting, but in an emergency then at the discretion of the Chairman or the Secretary additional meetings may be called on not less than 24 hours’ written or oral notice.

(m)The Committee meetings shall be chaired by the Chairman or in his absence by the Vice-Chairman.

(n)Save as otherwise provided in these Rules, decisions at meetings of the Committee are made by a simple majority and in the event of equality of voting the Chairman (or the acting chairman of that meeting) shall have a casting vote.

(o)In circumstances where any of the team captains or the other member of the selection committee ceases to be a Member, or resigns his position between Annual General Meetings, the Committee shall either select and appoint a replacement from the membership or hold a postal election of the Members entitled to vote at an Annual General Meeting having first taken all the relevant circumstances into account.

7.ANNUAL GENERAL MEETING

(a)An Annual General Meeting shall be held no later than three months after the start of the financial year of the Club.

(b)The business of the Annual General Meeting shall be :-

(i)to approve the minutes of the previous Annual General Meeting;

(ii)to receive the Chairman’s report of the activities of the Club during the preceding year;

(iii)to receive and consider the accounts of the Club for the preceding accounting year of the Club and the Auditor’s report on the accounts and the Treasurer’s report on the financial position of the Club;

(iv)to elect the officers and other Committee members;

(v)to elect the auditors of the Club;

(vi)to elect the bankers of the Club;

(vii)to elect Honorary Life Members for outstanding long term service to the Club;

(viii)to elect Vice Presidents;

(ix)to elect team captains and vice-captains and one other Member to serve on the selection committee; and

(x)to deal with such other business as the Committee may determine save for business which is the subject only of an Extraordinary General Meeting.

8.EXTRAORDINARY GENERAL MEETINGS

(a)An Extraordinary General Meeting may be convened at any time upon either a resolution of the Committee passed by a two thirds majority or more or a requisition setting out the resolution or resolutions to be proposed there at. Such requisition must be signed by not less than ten Members who are eligible to vote at a General Meeting and served on the Secretary by personal delivery or special delivery post. If the Secretary does not give written notice of the meeting pursuant to the requisition on or before the expiry of 14 days from service of the requisition the requisitioning Members or any one or more of them on behalf of the others may give notice of the meeting to the membership.

(b)The business which may be conducted at an Extraordinary General Meeting may be any one or more of :-

(i)removing all or any of the officers, other Committee members and/or auditors of the Club and filling the vacancies thereby caused; or

(ii)altering or adopting these Rules of the Club; or

(iii)dissolving the Club; or

(iv)the acquisition or disposal of interests in land or other material asset; or

(v)a matter of such importance and urgency as to warrant being dealt with at an Extraordinary General Meeting.

9.PROCEEDINGS AT ANNUAL AND EXTRAORDINARY GENERAL MEETINGS

(a)For the Annual General Meeting, not less than twenty one days prior notice in writing setting out the resolutions to be proposed at the meeting shall be sent to every Member at his or her last known address. In so far as the Chairman has determined any such resolutions to be ‘major resolutions’ then these shall be identified as such in the notice.

(b)Those entitled to cast votes at an Annual General Meeting or an Extraordinary General Meeting shall be all Members over the age of 16 who are present at the meeting. No member entitled to vote shall be entitled to cast more than one vote on any one resolution and no proxies shall be allowed.

(c)Subject to Rule 9(d), resolutions at Annual General Meetings shall be passed by a simple majority of the votes entitled to be cast by the Members present at the meeting.

(d)If the Chairman declares a resolution a major resolution then this shall only be passed by at a two thirds or more majority of the Members present and entitled to vote.

(e)For an Extraordinary General Meeting, not less than seven days prior notice in writing is required setting out resolutions to be proposed at the meeting and shall be sent to every Member at his or her last known address.

(f)Resolutions at Extraordinary General Meetings shall be passed by a majority of three quarters of the votes entitled to be cast by the Members present at the meeting.

(g)In the event of equality in voting at an Annual General Meeting the Chairman (or acting chairman at that meeting) shall have a second or casting vote, but there shall be no second or casting vote on any resolution proposed at an Extraordinary General Meeting.

(h)Unless the Chairman determines otherwise voting at General Meetings shall be by way of a show of hands and not a secret ballot.

(i)Officers of the Club and committee members as well as Honorary Members shall require in each case a proposer and a seconder. Nominations of persons for election to any office must be made in writing to the Secretary not less than seven days before the meeting at which elections for that office are to be considered. Otherwise nominations for the election of officers may be made at the Annual General Meeting.

10.AUDIT

(a)As soon as is practicable, after the end of the financial year, there shall be prepared a statement of the assets and liabilities of the Club as at the end of the financial year, and a statement of income and expenditure during that year, which statements shall be audited by the auditor not less than 28 days before the Annual General Meeting.

(b)Copies of the audited statement of accounts shall be sent to every Member with the notice convening the Annual General Meeting.

(c)The Auditor shall be a professional accountant and shall not be a Member of the Club. He or she shall be appointed by each Annual General Meeting and shall hold office until the end of the next following Annual General Meeting.

11.EXCLUSION OF LIABILITY AND INDEMNITY

(a) Neither the Club nor any officer thereof shall be liable to any Member or guest of a Member for any loss of or damage to any property occurring, from whatever cause, in or about the Club premises; nor for any injury sustained by any Member or guest of a Member whilst on or entering or leaving the Club premises; and a notice to this effect shall at all times be displayed in a prominent position on the Club premises.

(b)The members of the Committee shall not be liable either jointly or severally (otherwise than as Members) for any loss suffered by the Club as a result of the discharge of their respective duties on its behalf, except where such loss arises from their respective wilful default and/or fraudulent misconduct, and they shall be indemnified by the other Members up to the limit of the value from time to time of the assets of the Club for all expenses and other liabilities incurred by them in the proper discharge of their respective duties.

12.TEAM SELECTION

(a)The selection of teams shall be by a Selection Committee of consisting of the 1st and 2nd team captains and vice captains plus a further one Member. The quorum for a meeting of the Selection Committee is four.

(b)The team selection shall be notified to the Members by its publication on the Club notice board not less than 48 hours before the match is due to be played.

(c)Any member selected to play for a particular team and being unable to do so shall notify the relevant team captain or vice captain by Thursday for a weekend game and Monday for Wednesday games.

13.USE OF FACILITIES

(a)Members may practise (subject to matches and fitness of the ground) on the Club ground every day during the cricket season.

(b)The care and maintenance of the ground, building, tackle and equipment is the responsibility of the Committee but all Members are expected to co-operate in keeping them in good order and condition.

14.INSURANCE

The Club shall insure the Full and Junior Playing Members, within the limits of the policy held against injury whilst engaged in the act of playing on the Club ground, or in organised practise as in rule 13(a), but such injury must be as a direct result of participation in the game or practise whilst in progress. Members sustaining injury must notify the Secretary immediately and in any event, not later than two days after the occurrence of such injury.

The Club shall maintain all such insurances as are required by Law.

All policies of insurance maintained by the Club shall, if appropriate, have noted the interest of the Company.

15.CONDUCT OF MEMBERS

(a)The Club will abide by the laws of cricket set down by the MCC.

(b)Members shall treat opposing teams with respect and fair play will be adhered to at all times.

(c)The Club and the Members shall follow the codes of conduct set down by any cricket league or other relevant body to whom the Club is affiliated.

(d)The Committee may suspend for such period as it thinks fit or terminate, the membership of any Member:

(i) whose conduct, whether on the Club premises or elsewhere, is or has been in the reasonable opinion of the Committee contrary to the interests or Objects of the Club or injurious to its reputation; and/or

(ii)who has failed to pay his annual subscription in accordance with Rule 4(a).

(e)The Secretary shall notify the affected Member in writing of any such decision of the committee giving the reasons for such decision. By lodging written notice of his intention to do so with the Secretary the affected Member may appeal the decision of the Committee within 21 days of receipt of such notification to an appeal panel comprising the President, the Chairman and two other Members not being members of the Committee and who shall be nominated by the affected Member. Such appeal may be in writing or by way of a hearing or both as the affected Member shall elect. The President shall chair the appeal panel. Each member of the panel shall have one equal vote including the President. The affected Member shall have his membership reinstated subject to such conditions as the appeal panel may in their discretion impose if a two thirds majority or more of the panel is in favour of reinstatement but not otherwise.

16.THE COMPANY – CORPORATE TRUSTEE

The following definitions shall apply to this Rule and as the context so permits generally to these Rules:

"Trustees"means members of the Company who are the Officers of the Club from time to time;

"Property"means those buildings, parts of buildings, structures and any easements, rights, privilege or benefit in, over or derived from the land at Follifoot Cricket Club Pannal Road, Follifoot Nr Harrogate North Yorkshire HG3 1JH and enjoyed by the Club.

"Company"means Follifoot Cricket Club (Trustees) Limited co. no: 04969701 whose registered office is at Springfield House, 76 Wellington Street, Leeds LS1 2AY.

(a)The Company is the corporate trustee of the Property of the Club for the benefit of the Club.

(b)Each Trustee shall at all times be a Member and an Officer of the Club. Any person appointed as a Trustee who ceases to be a Member and Officer of the Club shall be automatically deemed to have resigned as a Trustee. The appointment as an Officer of the Club shall automatically be an appointment as a Trustee.

(c)At least two of the directors of the Company shall be Officers of the Club and the total number of directors holding office at any one time shall not exceed three.

(d)The Trustees shall at all times act in the best interests of the Club unless such act would place them in breach of any fiduciary duty to the Company. As appropriate a Trustee shall hold office during his life or until he shall resign or be removed as an Officer of the Club or cease to be a Member of the Club whereupon the relevant Officer of the Club shall be replaced in accordance with these Rules and his replacement as an Officer of the Club shall automatically be appointed as a Trustee.

(e)The Property of the Club shall be held on trust by the Company for the time being in the Company's name for the use and benefit of the Club.

(f)The Company shall in all respects act, in regard to any Property of the Club in accordance with the directions of the Committee and shall only have power to sell, lease, mortgage, or pledge any Property belonging to the Club for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee's directions.

(g)On retirement, resignation of removal from office the Trustee shall take all steps necessary to ensure the transfer to his replacement as a Trustee of the Company.

(h)The directors of the Company may accept any directions to carry out any act from the Committee as actions which would be in the best interests of the Company.

(i)The Club will hold a mere licence relating to the Club's use of the Property and in particular such occupation of the Property by the Club shall be on a non-exclusive basis.

(h)The Club will obey any reasonable instruction given by the Company in relation to its use of the Property of the Club.

17.DISSOLUTION

(a) If at any time the Club shall pass in General Meeting by a majority comprising two-thirds or more of the Members present and entitled to vote a resolution (in this Clause called 'the first resolution') of its intention to dissolve, the Committee, or failing them the Trustees, shall take immediate steps for the orderly winding up of the Club's affairs and in particular but subject to Clause 17(b) below, to convert into money all the assets of the Club, with power however to postpone or delay conversion of any particular property if the Club in General Meeting shall so authorise. Out of the proceeds of such conversion, the Committee or the Trustees as appropriate shall discharge all debts and liabilities of the Club, including the expenses of such conversion, and any net balance remaining shall be disposed of as the Club in General Meeting shall resolve and thereupon the Club shall be dissolved. Provided that if the Club shall not within six months after the date of the first resolution, resolve upon the distribution of any such balance, the same shall be disposed of to another club with similar sports purposes which is a registered charity and/or another club with similar sports purposes which is a registered Community Amateur Sports Club.

(b)In the circumstances of this Clause 17, any unutilised monies granted to the Club and held by the Club in accordance with Clause 4 (k) shall not be an asset of the Club and shall be returned by the Club to the grantor.

(c)A copy of the notice convening any General Meeting under this rule shall be sent to the Secretary by post to every Member at his address last notified to the Secretary not less than fourteen days before the date appointed for the Meeting.

18.INTOXICATING LIQUOR

(a)No intoxicating liquor shall be supplied to Members or to any other person on the Club premises otherwise than by or on behalf of the Club.

(b)The Club shall comply with all the conditions of any licence and/or Club Registration Certificate granted to the Club or any obligations of the Club to a third party in respect of the sale and/or supply of intoxicating liquor and shall ensure observance of the provisions of any applicable legislation including the Licensing Act 1964 and any amendments or revisions thereto.

(c)The Club shall maintain and display in a prominent position the rules of the Club bar which shall include that no intoxicating liquor shall be sold or supplied to persons under the age of eighteen.

19.ALTERATION OF RULES

These Rules may be revoked, added to or altered by a majority comprising two thirds or more of the Members present and entitled to vote at any General Meeting of the Club of which notice has been duly given under Rule 9 specifying the intention to propose the revocation, addition or alteration, together with full particulars thereof.

20.INTERPRETATION

(a)The headings in these Rules shall not be used in their interpretation.

(b)The singular includes the plural, 'he' shall include 'she' or 'it' or 'they' and 'him' shall include 'her' or 'it' or 'them' and vice versa in each case where the context so permits.

Club Rules

1.NAME

The name of the Club is Follifoot Cricket Club (hereinafter referred to as "the Club").

2.OBJECTS

The objects of the Club shall be:

(a) to promote and provide for the benefit of the Members the requisite amenities for the pursuit of the game of cricket and social activities ancillary thereto;

(b)to enter teams into such league and cup competitions and to be affiliated to such associations as shall be decided by the Members at General Meetings of the Club;

(c)to be a members club consisting of ordinary members together with such honorary members as are hereinafter mentioned.

3.MEMBERS

(a)Subject always to Rules 3(c) and (e) below, membership of the Club shall comprise the following categories of person (collectively known as “Members”):

Ordinary Members being:

(i)Full Playing Members are Members who wish to be included in the team selection process;

(ii)Junior Playing Members are Members who are aged under 18 years of age on the date the annual subscription is due and wish to be included in the team selection process;

(iii)Non-playing Members are Members who do not wish to be included in the team selection process but nevertheless wish to enjoy all the other privileges of membership and are not Honorary Members;

Honorary Members being:

(iv)Vice Presidents elected at the Annual General Meeting;

(v)Life Members elected at the Annual General Meeting.

(b)The Secretary shall keep a register of Members and enter in it the names and addresses of all persons who are Members.

(c)Election to membership shall either be by the Club in General Meeting or by the Committee as appropriate. The Committee shall have the absolute discretion to refuse ordinary membership to any candidate provided always that the Committee shall not seek to refuse membership on the grounds of race, ethnic origin, colour, sex, sexual orientation, creed or religious belief.

(e)A Member shall cease to be a Member in the following circumstances:

(i)if he gives to the Secretary written notice of resignation of his membership;

(ii)in accordance with Rule 15.

(e)All Members are deemed to have read and accepted these Rules of the Club.

4.SUBSCRIPTIONS, FINANCES AND ACCOUNTS

(a)The annual subscriptions payable by the Ordinary Members shall be fixed by the Committee following the Annual General Meeting for the coming season and shall be payable in advance to the Treasurer by 1 May in each year for the then current accounting year or in the case of Ordinary Members elected to membership after 1 May in any year, within one month of election to membership.

(b)Honorary Members shall not be liable to pay annual subscriptions regardless of whether they may also be Full or Junior Playing Members but shall be entitled to all the privileges of membership.

(c)The Committee shall have the discretion to waive payment of or reduce the subscription of a Member as it sees fit but such discretion shall not be applied to waive or reduce the subscription of more than five Full Playing Members in any one accounting year of the Club.

(d)The Treasurer shall keep such proper books of account as will enable him to present at every Annual General Meeting of the Club, or at any other time if required (on reasonable notice to him) by the Committee, an accurate report and statement concerning the finances of the Club, including a separate statement with regard to the purchase and sale of intoxicating liquor, for the preceding year, or for the current year as the case may be, and shall present such report and statement accordingly.

5.OFFICERS AND TEAM CAPTAINS AND VICE CAPTAINS

6.THE COMMITTEE

(f)The Committee shall manage all the affairs of the Club not in these Rules reserved for the Club in General Meeting. The Committee shall not direct the Trustee(s) to sell, lease, mortgage or pledge any Property of the Club for the purpose of raising or borrowing money or otherwise for the benefit of the Club without the consent of a two-thirds or more majority of the Members at a General Meeting who attend and are entitled to vote. Neither shall the Committee sell, lease, mortgage or pledge any assets of the Club for the purpose of raising or borrowing money on behalf of the Club without the consent of a two thirds or more majority of the Members at a General Meeting who attend and are entitled to vote.

(g)The Committee may appoint one or more sub-committees from time to time for such purposes as it deems appropriate.

(h)The Committee may from time to time make, vary and revoke byelaws (not inconsistent with these Rules) for the regulation of the internal affairs of the Club and the conduct of the Members, and the byelaws for the time being in force shall be binding on the Members.

(i)The quorum of the Committee shall be four.

(j)Committee meetings shall be held not less than once in every two months.

(k)Not less than three day’s written notice shall be given by the Secretary to members of the Committee of every meeting, but in an emergency then at the discretion of the Chairman or the Secretary additional meetings may be called on not less than 24 hours’ written or oral notice.

(l)The Committee meetings shall be chaired by the Chairman or in his absence by the Vice-Chairman.

(m)Save as otherwise provided in these Rules, decisions at meetings of the Committee are made by a simple majority and in the event of equality of voting the Chairman (or the acting chairman of that meeting) shall have a casting vote.

(n)In circumstances where any of the team captains or the other member of the selection committee ceases to be a Member, or resigns his position between Annual General Meetings, the Committee shall either select and appoint a replacement from the membership or hold a postal election of the Members entitled to vote at an Annual General Meeting having first taken all the relevant circumstances into account.

7.ANNUAL GENERAL MEETING

(a)An Annual General Meeting shall be held no later than three months after the start of the financial year of the Club.

(b)The business of the Annual General Meeting shall be :-

(i)to approve the minutes of the previous Annual General Meeting;

(ii)to receive the Chairman’s report of the activities of the Club during the preceding year;

(iv)to elect the officers and other Committee members;

(v)to elect the auditors of the Club;

(vi)to elect the bankers of the Club;

(vii)to elect Honorary Life Members for outstanding long term service to the Club;

(viii)to elect Vice Presidents;

(ix)to elect team captains and vice-captains and one other Member to serve on the selection committee; and

(x)to deal with such other business as the Committee may determine save for business which is the subject only of an Extraordinary General Meeting.

8.EXTRAORDINARY GENERAL MEETINGS

(b)The business which may be conducted at an Extraordinary General Meeting may be any one or more of :-

(i)removing all or any of the officers, other Committee members and/or auditors of the Club and filling the vacancies thereby caused; or

(ii)altering or adopting these Rules of the Club; or

(iii)dissolving the Club; or

(iv)the acquisition or disposal of interests in land or other material asset; or

(v)a matter of such importance and urgency as to warrant being dealt with at an Extraordinary General Meeting.

9.PROCEEDINGS AT ANNUAL AND EXTRAORDINARY GENERAL MEETINGS

(c)Subject to Rule 9(d), resolutions at Annual General Meetings shall be passed by a simple majority of the votes entitled to be cast by the Members present at the meeting.

(d)If the Chairman declares a resolution a major resolution then this shall only be passed by at a two thirds or more majority of the Members present and entitled to vote.

(f)Resolutions at Extraordinary General Meetings shall be passed by a majority of three quarters of the votes entitled to be cast by the Members present at the meeting.

(h)Unless the Chairman determines otherwise voting at General Meetings shall be by way of a show of hands and not a secret ballot.

10.ACCOUNTS INCOME AND FINANCIAL POWERS

(a)The financial year of the Club shall end on 30 September in every year, to which day the accounts shall be balanced and drawn.

(b)As soon as is practicable, after the end of the financial year, there shall be prepared a statement of the assets and liabilities of the Club as at the end of the financial year, and a statement of income and expenditure during that year, which statements shall be audited by the auditor not less than 28 days before the Annual General Meeting.

(c)Copies of the audited statement of accounts shall be sent to every Member with the notice convening the Annual General Meeting.

(d)The Auditor shall be a professional accountant and shall not be a Member of the Club. He or she shall be appointed by each Annual General Meeting and shall hold office until the end of the next following Annual General Meeting.

(e)All monies received by the Club shall be paid into an account at the Club’s bank in the name of the Club, and cheques and other instruments drawn on and directions to the bankers shall be signed by any two of the following: the Chairman, the Vice-Chairman, the Secretary, the Treasurer.

(f)No action involving expenditure in the name or on behalf of the Club shall be taken, and no undertakings which would commit the Club to material expenditure or other liability shall be made without the prior authority of a resolution of the Committee. Any Member who commits the Club to any expenditure in breach of this Clause shall indemnify and hold harmless the Club for any such expenditure and/or liability (including but not limited to third party claims (including claims for interest and costs)).

11.EXCLUSION OF LIABILITY AND INDEMNITY

12.TEAM SELECTION

(b)The team selection shall be notified to the Members by its publication on the Club notice board not less than 48 hours before the match is due to be played.

(c)Any member selected to play for a particular team and being unable to do so shall notify the relevant team captain or vice captain by Thursday for a weekend game and Monday for Wednesday games.

13.USE OF FACILITIES

(a)Members may practise (subject to matches and fitness of the ground) on the Club ground every day during the cricket season.

14.INSURANCE

The Club shall maintain all such insurances as are required by Law.

All policies of insurance maintained by the Club shall, if appropriate, have noted the interest of the Company.

15.CONDUCT OF MEMBERS

(a)The Committee may suspend for such period as it thinks fit or terminate, the membership of any Member:

(i) whose conduct, whether on the Club premises or elsewhere, is or has been in the reasonable opinion of the Committee contrary to the interests of the Club or injurious to its reputation; and/or

(ii)who has failed to pay his annual subscription in accordance with Rule 4(a).

(b)The Secretary shall notify the affected Member in writing of any such decision of the committee giving the reasons for such decision. By lodging written notice of his intention to do so with the Secretary the affected Member may appeal the decision of the Committee within 21 days of receipt of such notification to an appeal panel comprising the President, the Chairman and two other Members not being members of the Committee and who shall be nominated by the affected Member. Such appeal may be in writing or by way of a hearing or both as the affected Member shall elect. The President shall chair the appeal panel. Each member of the panel shall have one equal vote including the President. The affected Member shall have his membership reinstated subject to such conditions as the appeal panel may in their discretion impose if a two thirds majority or more of the panel is in favour of reinstatement but not otherwise.

16.THE COMPANY – CORPORATE TRUSTEE

The following definitions shall apply to this Rule and as the context so permits generally to these Rules:

"Trustees"means members of the Company who are the Officers of the Club from time to time;

"Company"means Follifoot Cricket Club (Trustees) Limited co. no:[ ] whose registered office is at : [ ]

(a)The Company is the corporate trustee of the Property of the Club for the benefit of the Club.

(b)At least two of the directors of the Company shall be Officers of the Club and the total number of directors holding office at any one time shall not exceed three.

(c)The Trustees shall at all times act in the best interests of the Club unless such act would place them in breach of any fiduciary duty to the Company. As appropriate a Trustee shall hold office during his life or until he shall resign or be removed as an Officer of the Club or cease to be a Member of the Club whereupon the relevant Officer of the Club shall be replaced in accordance with these Rules and his replacement as an Officer of the Club shall automatically be appointed as a Trustee.

(c)The Property of the Club shall be held on trust by the Company for the time being in the Company's name for the use and benefit of the Club.

(d)The Company shall in all respects act, in regard to any Property of the Club in accordance with the directions of the Committee and shall only have power to sell, lease, mortgage, or pledge any Property belonging to the Club for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee's directions.

(e)On retirement, resignation of removal from office the Trustee shall take all steps necessary to ensure the transfer to his replacement as a Trustee of the Company.

(f)The directors of the Company may accept any directions to carry out any act from the Committee as actions which would be in the best interests of the Company.

(g)The Club will hold a mere licence relating to the Club's use of the Property and in particular such occupation of the Property by the Club shall be on a non-exclusive basis.

(h)The Club will obey any reasonable instruction given by the Company in relation to its use of the Property of the Club.

17.DISSOLUTION

(a) If the number of Ordinary Members of the Club shall at any time fall below twelve, or if at any time the Club shall pass in General Meeting by a majority comprising two-thirds or more of the Members present and entitled to vote a resolution (in this rule called 'the first resolution') of its intention to dissolve, the Committee, or failing them the Trustees, shall take immediate steps to convert into money all the assets of the Club, with power however to postpone or delay conversion of any particular property if the Club in General Meeting shall so authorise. Out of the proceeds of such conversion, the Trustees shall discharge all debts and liabilities of the Club, including the expenses of such conversion, and any balance remaining shall be disposed of as the Club in General Meeting shall resolve: and thereupon the Club shall be dissolved. Provided that if the Club shall not within six months after the date of the first resolution, resolve upon the distribution of any such balance, the same shall be divided equally between all persons who were Members of the Club at the date of the first resolution.

(b)A copy of the notice convening any General Meeting under this rule shall be sent to the Secretary by post to every Member at his address last notified to the Secretary not less than fourteen days before the date appointed for the Meeting.

18.INTOXICATING LIQUOR

(a)No intoxicating liquor shall be supplied to Members or to any other person on the Club premises otherwise than by or on behalf of the Club.

19.ALTERATION OF RULES

20.INTERPRETATION

(a)The headings in these Rules shall not be used in their interpretation.

(b)The singular includes the plural, 'he' shall include 'she' or 'it' or 'they' and 'him' shall include 'her' or 'it' or 'them' and vice versa in each case where the context so permits.

Follifoot Cricket Club

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