The name of the Club shall be Elmwood Lawn Tennis Club (“the Club”).
The objects of the Club shall be to promote the amateur sport of Tennis in Brent and the community participation in the same
The Club shall be a Community Amateur Sports Club (CASC)
4. A. PROPERTY AND FUNDS
(i) The freehold of the Club premises shall be vested in the Club Trustees of whom there shall be no more than 3 and no fewer than 2. The Trustees shall be indemnified against any payment they have to make as a result of any claim against them in their capacity as Trustees of the Club.
(ii) 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.
(iii) 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 Community Amateur Sports Clubs as provided for in the Finance Act 2002.
(iv) 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).
(v) 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 under the conditions of Rule 16 c).
(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 selected by a majority vote of the members:
(i) to another organisation with similar sports purposes which is a registered charity and/or
(ii) to another organisation with similar sports purposes which is a registered CASC.
A. The Management of the Club shall be vested in a Management Committee consisting of:-
i) Hon. Chairman
ii) Hon. Secretary
iii) Hon. Treasurer
iv) 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) Men's Captain
b) Ladies Captain
d) Bar steward
e) Social secretary
f) other members without portfolio
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.
D. Each member of the Management Committee will be required, as a condition of election or appointment, to agree to be bound by and subject to the club rules, the LTA Rules and the LTA Disciplinary Code, such agreement to contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999 applies and that the LTA and the club can enforce any breach at its option and in its sole discretion.
6. HON. PRESIDENT
The Management Committee may appoint an Hon. President of the Club and such appointment shall be renewable annually.
The Members with special areas of responsibility elected under Clause 5A (iv) shall each appoint sub- committees of such size and composition as they think fit, to assist them in carrying out their duties. In particular, the Bar Member shall ensure that all laws in relation to the sale and supply of alcohol are observed.
8. MANAGEMENT COMMITTEE MEETINGS
The Management Committee may meet as often as the business of the Club shall require, but a minimum of five times a year. At each Meeting, four members entitled to vote shall constitute a quorum, provided that not less than 14 days’ notice has been given. If less than 14 days’ notice has been given, the quorum shall be not less than fifty per cent of the total voting membership of the Management Committee.
(i) Membership of the Club shall be open to anyone interested in Tennis 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 11 hereof. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
(iii) Each member agrees as a condition of membership:
a) to be bound by and subject to the rules of the club.
b) to be bound by and subject to the LTA Rules and the LTA Disciplinary Code.
(iv) Rule 9.(iii) confers a benefit on the LTA and, subject to the remaining provisions of this rule, is intended to be enforceable by the LTA by virtue of the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the members do not intend that any term of these rules, apart from rule Rule 9.(iii), should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this agreement
(v) The Management Committee may terminate the membership of any person, or impose any other sanction they determine to be appropriate, in connection with the breach of any condition of membership set out in this rule.
(vi) All adult members shall have a vote at Club meetings. The members in all the other categories shall not have a vote at Club meetings.
(vii) 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.
(viii) The club agrees that all unlicensed and unregistered coaches and, so far as reasonably practicable, players and other persons using the facilities of the club will be required, as a condition of such use, to agree to be bound by and subject to the club rules, the LTA Rules and the LTA Disciplinary Code, such agreement to contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999 applies and that the LTA and the club can enforce any breach at its option and in its sole discretion.
10. NEW MEMBERS
A copy of each of the Constitution, Bye-laws and Rules referred to in Clause 9(v) above shall be made available to all applicants for membership.
11. 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. 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.
A member may bring visitors to the Club but if the visitors play tennis at the Club, the Member must ensure that the visitors’ names are entered in the Visitors Book and the visitors’ fees paid, prior to commencement of play. A visitor may not play tennis at the Club on more than six separate occasions in any one Club year.
13. ANNUAL GENERAL MEETING
a) The Annual General Meeting of the Club shall be held within 7 months of the Club’s previous accounting period.
b) At the Annual General Meeting, all the members of the Committee, except the President, and all other Officers shall retire, but shall be eligible for re-election.
c) At all General Meetings of the Club the President, and in his absence, a member selected by the meeting shall take the chair. Every member present, entitled to vote, shall have one vote upon every motion. In the case of equality of votes, the Chairman shall have a casting vote, but in all other circumstances, the Chairman shall not have a vote.
d) At every Annual General Meeting, 2 members of the Club, not being members of the committee, shall be elected to serve as auditors for the ensuing year. A vacancy occurring in the office of Auditor during the year shall be filled by the committee
e) 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 Report of the Committee of Management.
iii) To approve the Accounts of the Club for the previous accounting period.
iv) The election of Hon. Chairman, Hon. Secretary and Hon. Treasurer.
v) The election of other members to the Committee.
vi) To appoint the auditors.
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.
f) A Notice of the Annual General Meeting shall be sent to Members at least 14 clear days beforehand.
g) Members shall submit, so as to be received by the Hon. Secretary not less than 7 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
ii) such motions as they wish to be presented at the meeting.
h) All such nominations and motions must be duly proposed and seconded.
i) Save as specified below, nominations and proposals shall be displayed on the Notice Board 4 days before the Meeting, together with a set of the Club Accounts for the previous accounting period.
j) Voting shall be by show of hands unless a Poll is requested by at least 10 members.
14. 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 25% of the 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 14 days clear notice must be given to members for an Extraordinary General Meeting.
d) The Agenda must be circulated with the Notice and no other motions can be added to the agenda.
15. CHAIRMAN FOR GENERAL MEETINGS
The Chairman for the Annual General Meeting or any Special General Meeting of the Club shall be the President, but in his absence the Chair shall be taken by the Chairman of the 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.
16. VOTING MAJORITIES REQUIRED
a) Save as hereinafter mentioned, all motions shall be passed by a simple majority (the majority of one) of members over 18 years of age.
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.
i) A motion to sell or transfer the freehold land owned by the Club must be passed only by a Special Resolution requiring a ninety per cent majority of those present and entitled to vote. A postal ballot of all the voting Club Members may be requested by at least four such members. Any such postal ballot shall include the right to proxy voting and must be organised by the Management Committee under the supervision of the Electoral Reform Society. The majority required for such a postal ballot shall be not less than ninety per cent of those casting their vote.
ii) Clause 16c) (i) shall not apply to a transfer or sale of the land by the Trustees to:
(a) new trustees replacing retiring or deceased trustees, or
(b) any other body owned and controlled by the Club members whose constitution shall contain provisions equivalent to those contained in this Clause.
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 Management Committee may suspend, for any length of time up to six months, 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.
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.
20. 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.)