Southwell Lawn Tennis Club Constitution (part 1)
This is the constitution of Southwell Lawn Tennis Club. It has been divided over two pages (part I & part II) due to website restrictions on article length.
The Club is called, Southwell Lawn Tennis Club ("the Club").
2.1 “the Chairman" means the person elected or appointed from time to time to be the chairman of the
Club in accordance with Rule 9;
"the CLTA" means Nottinghamshire County Lawn Tennis Association;
“the Game” means the game of tennis;
"the Honorary Secretary” means the person elected or appointed from time to time to be the honorary secretary of the club in accordance with Rule 9;
“the Honorary Treasurer" means the person elected or appointed from time to time to be the honorary treasurer of the Club in accordance with Rule 9;
“the LTA” means the Lawn Tennis Association (the governing body of tennis within Great Britain, the Channel Islands and the Isle of Man) of The National Tennis Centre, 100 Priory Lane, Roehampton, London SW15 5JQ and its subsidiaries or such successor entity or entities as become(s) the governing body of the game of tennis within Great Britain, the Channel Islands and the Isle of Man from time to time;
“the LTA Disciplinary Code” means the disciplinary code of the LTA in force from time to time; “the LTA Rules” means the rules of the LTA as in force from time to time;
"the Management Committee" means the committee appointed under Rule 9 to manage the Club;
"the Members" means the members of the Club admitted from time to time to membership of the Club in accordance with Rule 5;
"the Trustees" means the persons appointed from time to time to be the trustees of the Club in accordance with Rule 10.6.
2.2 Words denoting the singular number include the plural number and vice versa; words denoting the masculine gender include the feminine gender; and words denoting persons include bodies corporate (however incorporated) and unincorporated, including unincorporated associations of persons and partnerships.
The objects of the Club are:
(a) principally to provide facilities for and generally to promote, encourage and facilitate the playing of the Game in the area of Southwell and amongst the community;
(b) to provide and maintain Club premises at “Southwell Lawn Tennis Club”, The Memorial Park, Bishop’s Drive, Southwell, Notts. NG25 0JP and club-owned tennis equipment for the use of its members;
(c) to provide other ordinary benefits of an amateur sports club as set out in Part 13, Chapter 9 of the Corporation Tax Act 2010 including without limitation provision of suitability qualified coaches, coaching courses, insurance, medical treatment, post-match refreshments;
(d) to sell or supply food or drink as a social adjunct to the sporting purposes of the Club;
(e) to take and retain a membership of the CLTA (and by doing so become and remain registered as an associate of the LTA) and to comply with and uphold the Rules and Regulations of the CLTA as amended from time to time and the LTA Rules and the LTA Disciplinary Code and the rules and regulations of any body to which the LTA is registered or affiliated;
(f) to acquire, establish, own, operate and turn to account in any way for the members' benefit the tennis court facilities of the Club together with buildings and easements, fixtures and fittings and accessories as shall be thought advisable;
(g) subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s wider jurisdiction, to make rules, regulations, bye-laws and standing orders concerning the operation of the Club including without limitation regulations concerning disciplinary procedures that may be taken against the Members;
(h) subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s wider jurisdiction, to discipline the Members where permitted by its Rules/Regulations and to refer its Members to be disciplined by the LTA or the CLTA (as appropriate);
(i) to make donations or offer support to lawn tennis clubs which are charities or community amateur sports clubs; and
(j) to do all such other things as the Management Committee thinks fit to further the interests of the Club, to advance and safeguard the interests of the Game, to promote increases in participation at all levels of the Game or as are otherwise incidental or conducive to the attainment of all or any of the objects stated in this Rule 3.
4. Application of Surplus Funds
4.1 The Club is a non-profit making organisation. Subject to Rule 26.3, the income and property of the Club shall be applied solely towards promoting the Club's objects as set forth in these Rules no portion thereof shall be paid or transferred, directly or indirectly, to the Members of the Club.
4.2 Nothing in Clause 4.1 shall prevent the Club from entering an agreement with a member for the supply by him to the Club of goods or services or for his employment by the Club, provided that such arrangements are approved by the Management Committee (without the member being present) and are agreed with the member on an arm's length basis.
4.3 No Member shall be paid a salary, bonus, fee or other remuneration for playing for the Club. 2
5.1 Eligibility for membership
5.1.1 Persons of either sex are eligible for full membership of the Club. No person shall be denied membership of the Club on the grounds of race, ethnic origin, creed, colour, age, disability, sex, occupation, sexual orientation, religion, political or other beliefs.
5.1.2 Persons below the age of 18 or in full time education may be elected as Junior Members without the right to hold office or vote at general meetings.
5.1.3 The number of Members is unlimited.
5.2 Admission of Members
Any person who wishes to become a Member must submit an application in such form as the Management Committee shall decide.
5.3 Conditions of membership
5.3.1 Each member (of each class) agrees as a condition of membership:
(A) to be bound by and subject to these rules and the rules and regulations of the relevant CLTA (as in force from time to time); and
(B) to be bound by and subject to the LTA Rules and the LTA Disciplinary Code.
5.3.2 Rule 5.3.1 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 5.3, should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to these rules.
5.3.3 The Management Committee may subject to Clause 7 terminate the membership of any person, or impose any other sanction it determines to be appropriate, in connection with the breach of any condition of membership set out in this rule.
5.4 Classes of Members
5.4.1 There shall be the following classes of members for the Club:
Senior (over 60)
Junior (11 – 18 or Student in full time education) Under 11
Country (paid up member of another tennis club)
5.4.2 All Adult and Senior Members shall be entitled to receive notice of, attend and vote at general meetings. A member other than Adult and Senior shall be entitled to all the privileges of membership relevant to his class of membership but shall not have the right to receive notice of, attend and vote at general meetings.
5.5.1 The entrance fee and annual subscription for each type of Member shall be determined from time to time by the Management Committee provided that the Management Committee shall ensure that the fees set by it do not preclude open membership of the Club.
5.5.2 The Members shall pay any annual subscription fees set by the Management Committee from time to time.
5.5.3 No candidate who has been elected a Member shall be entitled to the privileges of membership until he has paid his first annual subscription.
5.5.4 Any Member whose subscription is not paid by such date as the Management Committee shall decide each year shall be deemed to have resigned his membership of the Club.
A Member may withdraw from membership of the Club on 1 months clear notice to the Club. Membership shall not be transferable in any event and shall cease immediately on death or dissolution or on the failure of the Member to comply or to continue to comply with any condition of membership set out in these Rules.
7.1 Subject to the remaining provisions of this rule, the Management Committee shall have power to refuse membership or expel a Member only for good and sufficient cause, such as conduct or character likely to bring the Club or the Game into disrepute.
7.2 A Member shall not be expelled unless he is given 14 days' written notice of the meeting of the Management Committee at which his expulsion shall be considered and written details of the complaint made against him.
7.3 The Member shall be given an opportunity to appear before the Management Committee to answer complaints made against him. The member must not be expelled unless at least two-thirds of the Management Committee then present vote in favour of his expulsion.
7.4 The Management Committee may exclude the Member from the Club's premises until the meeting considering his expulsion has been held. For the avoidance of doubt, the member shall be entitled to attend that meeting for the purpose of making his representations.
7.5 The Member may appeal against the Management Committee's decision by notifying the Management Committee who shall put the matter to the Club's members in general meeting and decided by a majority vote of members present and voting at such meeting.
8. Effect of Resignation or Expulsion
Any person ceasing to be a Member forfeits all right to and claim upon the Club, its property and its funds and he has no right to the return of any part of his subscription.
9. The Management Committee
9.1 The Club shall be managed by a Management Committee consisting of:
(a) The Chairman;
(b) The Honorary Secretary;
(c) The Honorary Treasurer;
(d) No more than 6 other Members elected annually at the annual general meeting.
The members of the Management Committee may exercise all of the powers of the Club for the purposes of the management of the Club.
9.2 Each member of the Management Committee must satisfy HMRC's fit and proper person test to be involved in the general control, management and administration of the Club and must declare that he is a fit and proper person prior to being elected.
9.3 The Club agrees that 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 these rules, the rules and regulations of the relevant CLTA and 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.
9.4 The members of the Management Committee may delegate any of the powers that are conferred on them by these rules to such person, or committee, by such means (including power of attorney), to such extent, in relation to such matters and on such terms and conditions as they think fit. If the members of the Management Committee specify, any such delegation may authorize further delegation of members’ powers. The members of the Management Committee may revoke any delegation or alter its terms and conditions
9.5 The Management Committee shall decide in its discretion how Members may be nominated to be members of the Management Committee and shall notify the Members accordingly.
9.6 Any person nominated as a member of the Management Committee must be a Full Member of not less than 1 years' standing.
9.7 If there is only one candidate nominated to fill any particular vacancy, that candidate shall be declared elected unopposed for that particular vacancy at the next annual general meeting. If there is more than one candidate for any particular vacancy there shall be an election at the annual general meeting for that position. In the event of a tie, the candidate to be elected shall (unless the candidates otherwise agree) be determined by lot.
9.8 The Management Committee shall be elected at the annual general meeting in each year, and subject to termination of office by resignation, removal or otherwise, the members remain in office until they or their successors are re-elected or elected (as the case may be) at the annual general meeting following their re- election or election (as the case may be).
*9.9 In addition to the members elected or appointed in accordance with this Rule 9, the Management Committee may co-opt up to 6 further Members who shall serve until the next annual general meeting. Co-opted members shall be entitled to vote at the meetings of the Management Committee.
*9.10 The Management Committee may appoint any Member to fill any casual vacancy on the Management Committee until the next annual general meeting when that person shall retire but shall be eligible for re-election.
9.11 Retiring members of the Management Committee may be re-elected.
9.12 A member of the Management Committee shall be deemed to have vacated office if:
(a) he becomes bankrupt or makes any arrangement or composition with his creditors generally; or
(b) a registered medical practitioner who is treating that person gives a written opinion to the Management Committee stating that that person has become physically or mentally incapable of acting as a member of the Management Committee and may remain so for more than three months; or
(c) by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have; or
(d) he resigns his office by notice to the Club; or
(e) he shall without sufficient reason for more than three consecutive meetings of the Management Committee have been absent without permission of the Management Committee and the Management Committee resolves that his office be vacated; or
(f) he is suspended from holding office or from taking part in any activity relating to the administration or management of the Club by a decision of the CLTA or the LTA; or
(g) he is requested to resign by not less than two-thirds of the other Management Committee members acting together.
9.13 Any person accepting election or nomination to the Management Committee who has any financial interest in the Game must, before such election or nomination, state in writing to the Club all such interests. Failure to do so will lead to automatic disqualification from Management Committee. The Management Committee has the right to veto such an election if, in its opinion, it is not in the best interests of the Club.
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