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SGM

SGM

Barrie Burns16 May 2022 - 09:07
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https://www.uptoncricketclub.c

Details of SGM

Issue Status: Draft May 2022
DRAFT UPTON CC CONSTITUTION
1. Name
Upton Cricket Club
2. Club Purposes
The main purposes of the Club are to provide facilities for and to promote
participation in the amateur sport of cricket.
3. Affiliation
3.1 The Club is affiliated to the England and Wales Cricket Board through the Cheshire
Cricket Board.
3.2 The Club and its members shall ensure that members, playing and non-playing,
abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by
the Laws of Cricket.
3.3 The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for
Safeguarding Children and any future versions of the policy. The Club must also
have a separate club safeguarding Policy Statement, as required by the ECB.
3.4 The Club shall adopt and implement the ECB Anti-Discrimination Code of Conduct
and any future versions of this policy.
4. Permitted means of advancing the Purposes
The Committee has the power to:
4.1 acquire and provide grounds, equipment, coaching, training and playing facilities,
clubhouse, transport, medical and related facilities;
• up to a total of two times the previous years annual membership subscriptions
(excluding VAT)
• on any one project or capital item to an amount equal to the previous years annual
membership subscription (excluding VAT)
In the event of projects of capital items arising which exceed the above amounts, such
proposals shall be referred to the membership at the AGM or an SGM.
4.2 provide coaching, training, medical treatment, and related social and other facilities;
4.3 take out any insurance for the Committee, employees, contractors, players, guests
and third parties;
Issue Status: Draft May 2022
4.4 raise funds by appeals, subscriptions, loans and charges;
4.5 borrow money and give security for the same, and open bank accounts;
4.6 buy, lease or licence property and sell, let or otherwise dispose of the same provided
that no disposal of Upton CC can be made without the prior written approval of the
members voting at a general meeting;
4.7 make grants and loans and give guarantees and provide other benefits;
4.8 set aside or apply funds for special purposes or as reserves;
4.9 deposit or invest funds in any lawful manner;
4.10 employ and engage staff and others and provide services;
4.11 co-operate with any organisation, club, sporting body, government or governmentrelated agencies; and
4.12 do all other things reasonably necessary to advance the purposes provided
expenditure on new projects or capital items do not exceed twice the previous years
annual membership subscriptions or an individual project or capital item does not
exceed the previous years annual membership subscription. If so they must be
subject to agreement by the membership at an SGM.
4.13 Recommend a person for Honorary Life Membership via a motion at the AGM.
4.14 Appoint a President and Vice Presidents as per club regulations
NONE of the above powers may be used other than to advance the purposes
consistently with the Rules below and the general law.
5. Membership
5.1 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.
5.2 The Club may have different classes of membership and subscription on a nondiscriminatory 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.
5.3 The level of subscriptions will be decided by the Committee from time to time and
notified to the members.
5.4 The Club will have the following classes of membership:
5.4.1 Full member- playing (18 yrs and over)
5.4.2 Full member- playing (18yrs and over and bona fide full-time student)
5.4.3 Retired playing member
Issue Status: Draft May 2022
5.4.4 Life members, President and Vice Presidents
5.4.5 Country member – non-playing
5.4.6 Associate member (spouse or partner of all classes)
5.4.7 Family Membership (For Junior players up to 15)
5.4.8 Junior member (15-17).
5.4.9 Serving UK Armed Forces Personnel
5.4.10 Partial Playing member as defined in Club regulations
5.5 Application for membership of the Club shall be by completion of a membership
application form.
5.6 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. Two days must also have passed since the application for
membership was submitted before membership can be granted.
5.7 Only members in classes 5.4.1, 5.4.2, 5.4.3, & 5.4.4 are eligible to hold office.
5.8 The Committee may refuse membership, or remove it, at their discretion but only for
good cause such as conduct or character likely to bring the Club or cricket into
disrepute and:
5.8.1 The Committee may only refuse to admit a new member if a resolution is
passed at a Governing Committee 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.
5.8.2 The procedure for taking disciplinary action against a member, including
removing membership, is dealt with in more detail below.
5.9 All members will be subject to these Rules and by joining the Club will be deemed
to accept these Rules, any Club Regulations and any Codes of Conduct that the
Club has adopted. A Code of Conduct for Members and Guests must be displayed
prominently to ensure that all Club guests and non-member volunteers are aware of
the code and the requirement to abide by it.
5.10 The Committee will keep a register of members.
5.11 Membership is not transferable and shall cease on death.
5.12 A member may resign by written notice to the Club, but the return of any subscription
paid is at the discretion of the Committee.
6. All General Meetings
Issue Status: Draft May 2022
6.1 All members may attend all general meetings of the Club in person.
6.2 Only members over the age of 18 in classes 5.4.1 to 5.4.4 can vote at the AGM or
SGM and will have one vote.
6.3 Members must be given at least 14 clear days notice of all general meetings.
6.4 The quorum for all general meetings is 20 members present.
6.5 If a quorum is not present within 15 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 decide and any voting members attending the
adjourned meeting will constitute a quorum.
6.6 The Chair or (in his or her absence) another member chosen at the meeting by the
members shall preside.
6.7 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.
6.8 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 Club members.
7. Annual General Meetings
The Club will hold an AGM in December every calendar year. At every AGM:
7.1.1 the members will elect a Committee including a Chair, Treasurer and
Secretary (“the Officers”) to serve until the next AGM.
7.1.2 the Treasurer will produce accounts of the Club for the latest financial year
independently inspected as the Committee shall decide;
7.1.3 the Chairman on behalf of the Committee will present a report on the Club's
activities since the previous AGM;
7.1.4 the members will appoint a suitable independent financial examiner to inspect
the accounts; and
7.1.5 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.
8. Special General Meetings (SGM)
An SGM 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 12 eligible members
signed by them. Such SGM shall be held on not less than 14 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, the costs of
which will be reimbursed by the Club.
Issue Status: Draft May 2022
9. The Committee
9.1 Role
Subject to these Rules the Committee shall have responsibility for the management
of the Club, its funds, property and affairs.
9.2 Property, etc.
9.2.1 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.
9.2.2 The Club may provide sporting and related social facilities, sporting
equipment, coaching, courses, insurance cover, medical treatment, awaymatch expenses, post-match refreshments and other ordinary benefits of
Community Amateur Sports Clubs as provided for in the Corporation Tax Act
2010 and the Community Amateur Sports Clubs Regulations 2015 (as
modified by statute or re-enacted from time to time) (the “CASC
Regulations”).
9.2.3 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 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; and
(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).
9.2.4 The Committee shall ensure that they take practical steps to comply with
legislation relating to both The Equality Act 2010 and the safeguarding of
children and vulnerable adults.
9.3 Composition, etc.
9.3.1 The Committee shall consist of at least 5 and not more than 15 members
(including Officers and the Safeguarding (Welfare) Officer).
9.3.2 At least three of the Committee must be unrelated to each other and not cohabiting.
9.3.3 The Committee shall be elected by the members at the Annual General
Meeting as detailed in clause 7.
9.3.4 The Committee members shall consider skills needed and diversity on the
Committee.
Issue Status: Draft May 2022
9.3.5 The Committee may co-opt Club members (up to the maximum permitted
number) to fill a vacancy or as an additional Committee member to serve until
the end of the next AGM.
9.3.6 Any Committee member may be re-elected [or re-co-opted] without limit. The
Committee may agree a process, set out in Club Regulations for nominating
and electing Committee members at the AGM.
9.3.7 A Committee member ceases to be such if they:
(a) cease to be a member of the Club; or
(b) resign by written notice to the Club; or
(c) is removed by the Committee in accordance with clause [5.7] and [10].
9.4 Committee Meetings
9.4.1 Whenever a Committee member has a personal interest in a matter to be
discussed he/she 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.
9.4.2 The Committee shall normally meet on the second Monday of every month
but as a minimum at least four times each year and the Secretary shall keep
a book of minutes. The Committee may decide its own way of operating.
Unless it otherwise resolves the following rules apply:
(a) at least 5 Committee members must be present for the meeting to be
valid;
(b) 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;
(c) the Chair or whoever else those present choose shall chair meetings;
(d) decisions shall be by simple majority of those voting; a committee
member may only have one vote even if they hold two posts.
(e) a resolution in writing signed by every Committee member shall be
valid without a meeting; and
(f) the chair of the meeting shall have a casting vote.
9.4.3 The Committee shall appoint a Club Safeguarding Officer to ensure
compliance with safeguarding legislation and the ECB Safe Hands policy.
The Club Safeguarding Office shall be a Committee member and report to
relevant Committee meetings and the reports, together with any action taken,
must be minuted.
Issue Status: Draft May 2022
9.5 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 cheques and orders for payment of money from such
accounts must be signed by at least two people authorised by the Committee, one
of who must be the current Treasurer, and one other Committee member.
9.6 Delegation, etc.
The Committee may delegate any of their functions to sub-committees but must
specify the scope of its activity and powers; the extent to which it can commit the
funds of the Club; its membership; 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.
9.7 Disclosure
Annual Club reports and statements of account must be made available for
inspection by any member at the AGM and all club records may be inspected by any
Committee member.
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 Any person that is the subject of a written complaint or appeal shall be notified of
the procedures to be followed by the relevant committee in reasonable time to
prepare for any hearing.
10.3 The Committee shall appoint a disciplinary sub-committee (Disciplinary SubCommittee) who will 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 witnesses.
The Disciplinary Sub-Committee has the power to take appropriate disciplinary
action on behalf of the Committee, including the termination of membership or
exclusion from Club premises.
10.4 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.
10.5 There shall be a right of appeal within 14 days of receipt of the disciplinary decision
or decision to refuse membership:
10.5.1 against the Disciplinary Sub-Committee’s findings or the sanction imposed or
both; and
10.5.2 against the Committee’s refusal to admit a new member
in either case, the Committee shall appoint an appeals committee (“Appeals
Committee”). The Appeals Committee shall have a maximum of three members
Issue Status: Draft May 2022
which shall not include 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 individual who
submitted the appeal 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 property or the assets out of the Club’s funds.
12. Club Regulations
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 of all general meetings must also be put on the Club’s notice board(s) and
website (if any).
13.3 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 twothirds of the votes cast but not (if relevant) so as to jeopardise the Club’s status as
a Community Amateur Sports Club 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.
Issue Status: Draft May 2022
14.2 The Club Purposes may be changed to include another eligible sport if the
Committee unanimously agree and the members also agreed the change by a 75%
majority of votes cast.
15. Winding Up the Club
15.1 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.
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.
Adopted at a meeting held
at [Place]
on [Date]
Signed
Name ……………………………………
Signature ……………………………………
[Name and signature of chair of meeting]
Witnessed …………………………………

SGM Tues 24th May to ratify new Constitution

An SGM has been called on 24th May at 8.00pm, via Zoom, to ratify the amended clubs Constitution. The reason for this is that to retain its Clubmark status the club needs to insert certain conditions in its Constitution. It is also an opportunity to review and modernise the existing Constitution which has been changed many times over the years.

To comply with new Clubmark requirements our Constitution needs to include references to our adherence to policies such as the ECB Code of Conduct, ECB Safe Hands and ECB Anti-Discrimination code. Other changes include a detailed Disciplinary process that covers all areas and the inclusion of the clubs Safeguarding (Welfare) Officer as a permanent fixture on the Governing Committee. All classes of membership and rights to vote at the AGM or SGM remain the same as the existing Constitution as does the functions, responsibilities and workings of the Governing Committee members.

Some of the old terms of the Constitution have been taken out and included in the Clubs Regulations.

A copy of the proposed Constitution and Club regulations can be seen on our website here.

Can any member who wants to attend the SGM Zoom meeting please email Rob Chapman, Hon Secretary, on info@uptoncricketclub.com and he will forward details to you. In the event of any queries about the Constitution also contact Rob. While all members are welcome to attend the meeting only Full Playing members, Retired Playing members, Life members, President and Vice Presidents are eligible to vote.

Ensuring we maintain our Clubmark status is essential to the future of our club so can I ask you to make an effort to join attend the meeting.

Issue Status: Draft May 2022
Upton CC Club Regulations 2022.
1. Make up of Governing Committee (GC):
Mandatory posts to be elected at AGM:
• Chair
• Secretary
• Treasurer
Other GC posts to be elected at AGM:
• Vice Chairman
• Bar Chairman
• Grounds Chairman
• House Chairman
• Development Officer
• Communications Officer
• 2 x General Committee members
The following GC members will be elected to serve from October to September
• Cricket Chairman
• Junior Cricket Chairman
• First Eleven Captain
NB: Club Safeguarding Officer will not be subject to a vote but will automatically have a seat
on the GC.
Non GC Posts to be elected at AGM
• All other Club Captains
• Selection Chairman
• Fixture Secretary
• League representatives
2. AGM/SGM
• Any motion for consideration at an AGM must be sent in writing duly proposed and
seconded and supported by four other eligible members to the Secretary by no later
than 1st November.
• The Governing Committee shall be empowered to submit motions or propose
alterations to the clubs constitution and rules.
• Nomination forms for all posts will be displayed at the club on 1st Sept and removed
on 30th October.
• If there are more than one nomination for a post this will be voted on at the AGM by
a simple vote of eligible members
• Notice of the date of the AGM will be publicised on all clubs media.
• If no nominations are received for a post the GC will have the power to fill the post
after the AGM.
• An SGM can be called either by the three members of the Governing Committee or
at the request in writing of twelve members in classes 5.4.1, 5.4.2, 5.4.3 & 5.4.4.
Issue Status: Draft May 2022
3. Partial Playing members.
Members in this category will be permitted to play in Womens League, Over 40s League or
any other competition the GC deems suitable for inclusion in this class.
Members in this class can apply to become full playing members
4. Finance
• The Treasurer is authorised to make payments electronically from the Clubs bank
account for all invoices or bills up to the value of £1000 without agreement from
another member of the GC. Any invoice or bill over this amount must be agreed with
another member of the GC.
5. Sub Committees
• Selection Committee shall consist of the elected Chairman and all elected Team
Captains and will report to the Cricket Chairman.
• The Selection Chairman will define terms of attendance with the captains and
method of communicating to those members selected.
• Regular sub committees as defined by the GC shall be formed to handle day to day
running of specific Club functions.
• Any meeting of a sub-committee, except Selection, must be minuted and sent to the
Club Secretary for filing.
6. Subscriptions
• All Annual subscriptions shall be determined by the GC and shall be due on 1st
January. Junior Members subscriptions will be determined by their age on 1st
September.
• VAT will be charged on all subscriptions with the rate applicable on the date of
payment.
• Members playing in Senior matches will pay the relevant match fee set by the GC.
• Members in any Category who have not paid their subscriptions by the date of the
opening First XI League match shall cease to be a member of the club. The GC shall
have the power to increase this date by no more than two months if deemed
necessary.
• The Treasurer has the option to agree special payment options in individual
circumstances. Any reduced subscription must be agreed at a GC meeting.
7. Visitors, Guests & Non Members
• members may introduce guests to the club and sign the visitors book.
• The member will be responsible for their guests behaviour
• The club shall admit as visitors members of affiliated clubs, sports teams and their
supporters
• Intoxicating liquor may be sold for the consumption on the premises to nonmembers of the club who are neither guests nor visitors:
When attending the club in the course of legitimate business
Attending a function authorised by the GC which is either:
A club function or entertainment
Issue Status: Draft May 2022
A function which has been booked by a member of any class for an event of a private
nature.
• No off sales shall be made to any person other than a club member
8. Appointment of a Club President or Vice Presidents.
Club President
• the role would be for a fixed term of five years
• to be reviewed in GC meetings in October 2021 and every five years after that
unless a President does not complete a full five year term
• the GC will agree on a candidate by voting
• at the end of the term the incumbent could be returned for another term if he/she
so wished and the GC agreed.
Vice Presidents
• can be appointed at any time
• the GC must vote to confirm the offer of a Vice Presidency
• the role is for life.
9. Life Membership
Life Membership Criteria
LIFE MEMBERSHIP
Life Membership is the highest Award available to recognise the exceptional contribution
of individuals to the Upton Cricket Club. It is therefore only to be awarded in exceptional
circumstances.
Nomination for Life Membership
Any eligible member (defined as those in Cats 5.4.1 to 5.4.4 of the Constitution) may
nominate another member for consideration for the Life Membership award.
Nominations must be submitted in writing & must be signed by two current members
(unrelated members) of the Club.
The nomination should be prepared so as to set out the achievements & activities of the
nominee & at a minimum must meet the award criteria as set out below. Nominations
must be received by the executive committee no later than the 30th September in the
year which the nomination is to be considered.
Award Criteria
In considering the award of Life Membership an individual should have demonstrated
significant, sustained and high quality service enhancing the reputation and future of
their code within the Club.
Issue Status: Draft May 2022
The points will be taken into account when considering any nomination:
• The nominee’s length of service to the Club shall be at least 10 years in either or both an
on field or off field roles with such service in either role being taken concurrently.
• The general attitude and overall demeanour of the nominee to ensure that the attitude is
one that reflects a dedication to the values of Upton Cricket Club
• The nominee will have provided valued leadership and/or been an outstanding role
model to the members in general.
• The nominees’ service must reflect favourably on and brought credit to Upton Cricket
Club.
• The nominee must be a paid up member of the club in any senior membership category.
Important Note
These points apply in whatever role the nominee has participated in during their service
in Upton Cricket Club (on or off the field) and are for the guidance of the Governing
Committee when assessing nominated candidates. Achieving the minimum service levels
will not in any way automatically guarantee the award of Life Membership
Process for Assessment of Applications
The Governing Committee (a minimum quorum is required) will assess any nominations
for Life Membership based on the established criteria. They will discuss & consider all
nominations put forward and only those nominations with 75% approval of the
Governing Committee shall be put forward and voted on at the clubs AGM.
Retraction of a Life Membership
Retraction of a Life Membership Award may occur where the recipient has conducted
him/herself in a manner that reflects directly and adversely on the image or activities of
the Sports Club generally or on a specific code. This provision will only be exercised in
exceptional circumstances and will require the unanimous agreement of the Executive
Committee to be enacted. As part of the deliberations, the Life Member in question is to
be given an opportunity to present their case for retention of their Life Membership
status.
Benefits of Life Membership
In addition to the status of membership of a select group within the Sports Club, Life
Membership will be recognised by:
• Listing on the Clubs website and other official documents/artefacts.
• Exemption from membership fee associated with the Sports Club
(Registration fees to cover Club costs would apply for on field activities).
• Invitations to attend all official Club functions as with ticket costs covered by the club.
• Presentation of suitable memento to recognise the Life Membership award

Further reading