CONSTITUTION – New Milton Cricket Club

1. Name of the Club and Affiliation
The name of the Club is New Milton Cricket Club, hereafter to be referred to as “the Club” and the Club shall be affiliated to the England and Wales Cricket Board through the Hampshire Cricket Board.

2. Aims and Objectives of the Club

2.1. To foster and promote the sport of cricket at all levels within schools and the local community through the provision of practice and playing facilities, coaching, and fixtures for all playing members.

2.2. To manage the Fernhill Cricket facilities.

2.3. To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct, which incorporates the Spirit of Cricket, and by the Laws of Cricket, and conform to the rules and regulations of the Hampshire Cricket Board and of the Cricket Leagues of which the Club is a member.

2.4. To ensure a duty of care to all members of the Club by adopting and implementing the ECB ‘Safe Hands – Cricket’s Policy for Safeguarding Children’, and the ECB Club Inclusion and Diversity Policy, and any future versions of these Policies.
The Club must also have a separate club safeguarding Policy Statement, as required by the ECB

2.5. Cricket Club – Safeguarding Policy Statement

New Milton Cricket Club (The Club) is committed to ensuring all Children (i.e. all persons under
the age of 18) participating in cricket have a safe and positive experience.
We will do this by:
• Recognising all children participating in cricket (regardless of age, gender, race, religion, sexual orientation, ability, or disability) have the right to have fun and be protected from harm in a safe
Environment
• Ensuring individuals working within cricket at, or for, our club provide a welcoming, safe, and fun experience for children
• Adopting and implementing the England and Wales Cricket Board (ECB) “Safe Hands – Cricket’s Policy for Safeguarding Children”
• Appointing a Club Welfare Officer and ensuring they attend training modules required by the ECB,
• Ensuring all people who work in cricket at, or for, our club (such as, officials, volunteers, team managers, coaches and so on) understand how the “Safe Hands Policy” applies to them
• Ensuring all individuals working within cricket at, or for, the club are recruited and appointed in accordance with ECB guidelines and relevant legislation
• Ensuring all individuals working within cricket at, or for, the club are provided with support, through education and training, so they are aware of, and can adhere to, good practice and Code of
Conduct guidelines defined by the ECB, and the club
• Ensuring the name and contact details of the Club Welfare Officer is available:
- As the first point of contact for parents, children, and volunteers within the club
- As a local source of procedural advice for the club, its committee, and members
- As the main point of contact within the club for the ECB County Welfare Officer and the ECB Safeguarding Team, and
- As the main point of contact within the club for relevant external agencies in connection with child safeguarding Ensuring correct and comprehensive reporting procedures exist for raising and
managing child safeguarding concerns.
• Providing an environment where the views of children, parents and volunteers are sought and welcomed on a range of issues. This will help us create an environment where people have the
opportunity to voice any concerns (about possible suspected child abuse/neglect, and/or about poor practice) to the Club Welfare Officer *
*Details of the County Welfare Officer will be made available, in case the Club Welfare officer is unavailable, or the concern relates to the Club Welfare officer.
• Ensuring all suspicions concerns and allegations are taken seriously and dealt with swiftly and appropriately
• Ensuring access to confidential information relating to child safeguarding matters is restricted to those who need to know in order to safeguard children – including the Club Welfare Officer and the appropriate external authorities, such as the Local Authority Designated Officer (LADO), as
specified within ECB child safeguarding procedures

2.6. To encourage all members to participate fully in the activities of the Club through playing, social and fund-raising activities, and general management.

2.7. To afford all members such benefits and privileges as it may be possible to arrange, and which are consistent with the other aims and objectives of the Club.

3. Membership

3.1. Membership of the club shall be open to anyone interested in the sport of cricket on application regardless of gender, age, disability, ethnicity, nationality, sexual orientation, religion, or other beliefs. Admittance to membership will be determined by the Management Committee, which may limit membership according to available facilities on a non-discriminatory basis and which will ensure that the majority of the members are players or active supporters of cricket at the Club. The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. There will be an interval of not less than two days between an application for membership being submitted and a decision on it being made. The Club will keep subscriptions for all categories of membership at levels that will not pose a significant obstacle to people wishing to be members of the Club. The Management Committee may refuse membership, or remove membership, only for good cause, such as conduct or character likely to bring the Club or the sport of cricket into disrepute. Any appeal against refusal or removal of membership may be made to the members of the Club.

3.2 All members of the Club will be subject to the regulations of this Constitution and, by joining the Club, will be deemed to have accepted these regulations and any Codes of Conduct adopted by the Club and the Hampshire Cricket Board.

3.3 Application for membership of the Club shall be via the club website and payment of the relevant subscription/joining fees as determined by the Annual General Meeting of the club.
It is the members responsibility to keep their details up to date on Pitchero (or other club website if changed) for example, when moving home or there are any changes to medical requirements.
Membership to NMCC is a seasonal subscription-based membership covering 1st of April to 31st March the following year, payable in monthly instalments to spread the cost to our members. A member joining mid-season will pay from the month they join eg someone joins in July, they will pay 10 monthly instalments to take them to March the following year
Rates will be agreed at the Annual General Meeting.
Membership to the club can start at any time of the year after the 1st April until 31st March. Once a membership has been set up the player is liable to pay all monthly instalments up until the 31st March of the following year, or of that year if signing up in January, February or March.
Any cancelled direct debit payments will result in an invoice being sent to the player (or players parent/s if U18, for the amount left to be paid to cover until 31st March of that season.
Members may apply for a reduced subscription by writing to the committee and this will be agreed on an individual basis by the Management Committee.
Membership subscriptions cover:
o Club affiliation and insurance
o Allows players to be eligible to play in cup matches
o Training fees from 1st April to 31st August and 1st January to 31st March

Other benefits include but not limited to
o A members vote at the AGM – Parents of children are allowed to vote if they have a social membership as per the constitution
o Social membership for use of the bar and invitation to club events
o Use of all club facilities
o Club hire free for members

Training outside of the dates above will be charged extra to members that which to attend.
Non-members Fee:
Players may train and play league games as a non-member for up to 3 matches where it will be expected for them to join the club. A match Fee appropriate to team playing for plus a charge of up to £15 per match (all senior teams) at the discretion of the committee will be charged to the player for up to 3 games.
After 3 games it is expected that the player would wish to join the club and therefore normal membership fees will apply ie monthly subscription.
If non-members do not want to join the club but pay the above non-members fee per match that’s up to them. However, they MUST be signed on in Pitchero – Absolute minimum.
Non-members rules and fees are at the discretion of the Management Committee and can be changed and amended at any time.

3.4 Members leaving the Club during the membership period will be liable for remaining outstanding cost of their membership.

3.5 Upon any member leaving the club, and once any outstanding costs have been settled, the member can, in writing or verbally request that all data will be removed from the club’s database in compliance with the current legislation. Full GDPR policy can be found in the policy section of the website.

3.6 No person shall be eligible to take part in the business of the Club or be eligible for selection for any Club team unless the appropriate subscription has been paid by the specified date or membership has been agreed by the Management Committee.

3.7 The following membership classes will have full voting rights during AGM’s, EGM’s and any other matter that requires a vote.

• Senior
• Intermediate
• Club
• Honorary Life
• Parents of Juniors – Juniors are not entitled to vote but their parents are entitled to vote. However, they must, at least, hold a valid Social Membership

3.8 Membership management will be via the club’s website provided and maintained by ‘Pitchero’. The management of all teams (Senior and Junior) will be via the website and all playing members (and parents of Juniors) are required to download the ‘Pitchero Club App’.

4. Classes of Membership
There shall be 6 of classes of membership.

4.1 Senior (Playing) – all those playing in teams representing the Club who are, on April 1st in the year in which membership is granted or renewed, over the age of 21, or in full-time education, or unemployed.

4.2 Intermediate (Playing) – all those playing in teams representing the Club who are, on April 1st in the year in which membership is granted or renewed, over the age of 18 but under the age of 21, or in full-time education, or unemployed.

4.3 Junior – Club members who are under the age of 18 years on April 1st in the year in which membership is granted or renewed

4.4 Club– Those persons who volunteer for positions within the club that take up a considerable amount of time. Specifically, coaches and managers. ‘Club’ membership will be awarded at the discretion of the Committee.

4.5 Social – Those persons who wish to support the club in a passive manner.

4.6 Honorary Life – those determined by the Management Committee to have given outstanding service to the Club. Honorary Life Members will not be required to pay any subscription.

5. Subscriptions and Membership Record
Subscriptions are due before 30th April each year. A record of paid membership will be recorded by the Management Committee. The club website is the only location that members details and payment records will be held (in relation to the management of members). The system fully complies with GDPR regulations. Access to the membership database will only be provided to members who have a clear need to carry out their role and they will be appropriately vetted.

6. Visiting Teams, Officials, and Supporters
At the discretion of the Management Committee all members, officials and supporters of visiting teams are treated as guests of the Club and are entitled to avail themselves of the facilities of the Club’s Fernhill Ground including the purchase of intoxicating liquor for consumption on the premises under the provision of the Licensing Act 2003.

7. Guests
Any member may introduce at any one time up to two guests to the Club who will have the privileges of a member, with the exception of voting rights, whilst attending the Club with a member. Guests will comply with the rules of the Club and the introducing member will accept responsibility for their conduct whilst visiting the Club.

8. Executive Officers of the Club
The Executive Officers of the Club who form the Management Committee shall be as follows:

• Chairman
• Vice Chairman
• Secretary
• Treasurer
• Fixture Secretary
• Safeguarding Officer
• Clubhouse Manager

Honorary Officers
• President – Ex-Officio Member of the Management Committee
• Vice-President(s)

9. Election of Executive Officers. All Executive Officers will be members of the Club and will be elected at the Annual General Meeting of the Club by the members of the Club.
All Officers shall be elected for a period of one year but shall be eligible for re-election to the same office or to another office the following year.

10. Management Committee
The affairs of the Club shall be vested in and conducted by the Management Committee comprising the Executive Officers of the Club.

10.1 The Management Committee will be convened by the Secretary and shall meet at agreed intervals and not less than four times per year.
The quorum required for business to be agreed at Committee meetings shall be 5.

10.2 The duties of the Management Committee shall be:

10.2.1 To control the affairs of the Club on behalf of the members

10.2.2 To keep accurate accounts of the finances of the Club through the Treasurer. These should be available for reasonable inspection by members and should be audited or independently examined before every Annual General Meeting. The Club shall maintain a bank current account and the treasurer and at least one member of the Executive Committee will be authorised to make payments.

10.2.3 To co-opt additional members of the Committee as the Management Committee feel is necessary. E.g. Team captains and managers. Co-opted members and shall serve until the end of the next Annual General Meeting.

Note: We (NMCC) Executive Committee will make sure there is NO conflict of interest when electing officers or any members onto the committee or when making decisions that affect any member of the club.

At least three of the Committee must be unrelated to each other and not co-habiting

When additional committee members are being sought, The Committee shall consider skills needed and diversity on the Committee.

Defintion: A conflict of interest arises when an individual, who is in a position to influence a decision within an organisation, has the potential to exploit that position to benefit personally, for a friend, family member or another connection, at the expense of the organisation's best interests. A committee member would have a conflict of interest if they (or their family) would be set to benefit personally from a committee decision.

10.2.4 To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chair shall be entitled to an additional casting vote.
10.2.5. The Committee shall have powers to appoint Sub-Committees as necessary and to co-opt advisers who may be non-Club members invited to advise on specialist subjects.

10.3 An elected Committee member ceases to be such if he or she ceases to be a member of the Club, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting their case to the Committee. Appeal against removal may be made to the Appeals Committee. The Committee shall fairly decide time limits and formalities for these steps.

11. Powers of the Management Committee The Committee has the power to:

11.1 Acquire and provide grounds, equipment, coaching, training, and playing facilities, clubhouse, transport, medical and related facilities.

11.2 Provide coaching, training, medical treatment, and related social and other facilities.

11.3 Take out any insurance for the Club, employees, contractors, players, guests and third parties.

11.4 Raise funds by appeals, subscriptions, loans, and charges.

11.5 Borrow money and give security for the same, and open bank accounts.

11.6 Buy, lease or license property and sell, let, or otherwise dispose of the same.

11.7 Make grants and loans and give guarantees and provide other benefits.

11.8 Set aside funds for special purposes or as reserves.

11.9 invest funds in any lawful manner.

11.10 Employ and engage staff and others and provide services.

11.11 Co-operate with or affiliate firstly to any bodies regulating or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies.

11.12 Do all other things reasonably necessary to advance the aims and objectives of the Club.

11.13 Appoint senior team captains and junior team managers
NONE of the above powers may be used other than to advance the aims and objectives of the Club in a manner consistent with the Rules of the Club and the general law.

11.14 The Committee will always ensure that ALL actions and decisions acted upon and made will be in the best interest of the membership and the Club.

12. Annual General Meeting
The Annual General Meeting of the Club shall be held not later than the end of January the following year. 21 clear day’s notice of the AGM shall be given to members by circulating a copy of the notice by one or all of the following methods:
• social media
• email
• club website
Members must advise the Club’s Committee in writing of any other business to be moved at the AGM at least 10 days before a meeting. The Club’s Committee shall circulate or give notice of the agenda for the meeting to members not less than 7 days before the meeting.

The business of the Annual General Meeting shall be to:

12.1 Confirm the minutes of the previous AGM and any General Meetings held since the last Annual General Meeting.

12.2 Receive the audited/independently examined accounts for the year from the Treasurer.

12.3 Elect an auditor/independent examiner

12.4 Elect the Executive Officers of the Club. Nomination of candidates for election of Offices shall be made in writing to the Club’s Committee at least 10 days in advance of the Annual General Meeting date. Nominations can only be made by Full Members and must be seconded by another Full Member. NB A full member is described in 3.6 above.

12.5 Review Club subscription rates and agree them for the forthcoming year. Any subscription changes need to be agreed and made available to the membership before the start of the season (30th April)

12.6 Approve amendments to the Club’s Constitution

12.7 Transact such other business received in writing by the Clubs Committee from members 10 days prior to the meeting and included on the agenda.
At all AGMs and Extraordinary General Meetings, the Chair will be taken by the Chair or, in his/her absence, by a deputy appointed by the Chair or Executive Committee. Decisions made at a General Meeting shall be by a simple majority vote from those Full Members attending the meeting. In the event of equal votes, the Chair of the meeting shall be entitled to an additional casting vote.

12.8 A quorum for an AGM or EGM shall be 10 Full Members and Officers of the Club including at least 1 from the Chair, Secretary and Treasurer. Full Members of the Club shall be entitled to one vote at General Meetings.

12.9 Extraordinary Meetings may be convened by the Management Committee or on receipt by the Secretary or appointed person of a request in writing from not less than 10 Full Members of the Club. At least 14 day’s notice of the meeting shall be given.

13. Alterations to the Constitution
Any proposed alterations to the Club Constitution may only be considered at an Annual or Special General Meeting, convened with the required written notice of the proposal. Any alteration or amendment must be proposed by a Full Member of the Club and seconded by another Full Member. Such alterations shall be passed by a simple majority of those Full Voting Members present at the meeting.

14. Finance

14.1 Any bank account in which any part of the Club’s funds is deposited shall be operated by the Executive Committee and shall be held in the name of the Club. Any member authorized to collect monies for or on behalf of the Club will pay such monies to the Treasurer within 7 working days of such collection or within 7 days following a specific event.

14.2 The Treasurer shall be responsible for the finances of the Club and for providing a report on the financial position as required by the Committee.

14.3 The Treasurer shall ensure that the Club maintains adequate and appropriate insurance to cover the activities of the Club.

14.4 The financial year will end on 30 September each year.

14.5 The Treasurer will present an audited/independently examined statement of annual accounts at the Annual General Meeting.

14.6 The Treasurer and at least 1 other Executive Committee member will be required to Authorise Payments.

15. Property and Funds

15.1 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 shall be reinvested in the Club.

15.2 the Club may also in connection with the sports purposes of the Club:

15.2.1 sell and supply food, drink and related sports clothing and equipment
15.2.2 employ members and remunerate them for providing goods and services, on fair terms set by the Committee
15.2.3 pay for reasonable hospitality for visiting teams and guests
15.2.4 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).

16. Discipline and Appeals

16.1 All complaints regarding the behaviour of members of the Club should be lodged in writing with the Club’s Committee.

16.2 The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints within 21 days of a complaint being lodged. Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.

16.3 The Committee (or its sub-committee) has the power to take appropriate disciplinary action, including to suspend or exclude any member in any category for contravention of this Constitution and/or documented rules and/or Codes of Conduct of the Club, the Hampshire Cricket Board, or Cricket Leagues of which the Club is a member, or when the member’s character or conduct is likely to bring the Club into disrepute.

16.4 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within 7 days following the hearing.

16.5 There shall be a right of appeal to the Committee against either the finding or the sanction imposed or both following disciplinary action being taken. The Committee shall appoint an Appeals Committee (a maximum of three persons) 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 10 days of the Secretary receiving the appeal. The individual submitting 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.

17. Dissolution/Winding Up of the Club

17.1 If at any General Meeting of the Club, a resolution be passed calling for the dissolution/winding up of the Club, the Secretary shall immediately convene a Special General Meeting of the Club to be held not less than one month thereafter to discuss and vote on the resolution.

17.2 If at that Special Meeting, the resolution is carried by at least three-quarters of the Full Voting Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the Club, and discharge all debts and liabilities of the Club.

17.3 The Committee will then be responsible for the orderly winding up of the Club’s affairs.

17.4 After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

17.4.1 to another club with similar sports purposes which is a registered charity and/or
17.4.2 to another club with similar sports purposes which is a registered Community Amateur Sports Club and/or
17.4.3 to the Hampshire Cricket Board

18. Declaration
New Milton Cricket Club hereby adopts and accepts this Constitution as a current operating guide regulating the actions of the Club and all members of the Club.

APPENDIX A
Rules Governing the Management of the Clubhouse and Bar

The Clubhouse and Bar will be managed in accordance with the following rules which form part of the Club’s Constitution.

1 The Club will appoint a Clubhouse Manager who will be responsible for the management of the Clubhouse and Bar as directed by the Management Committee.

2 The Clubhouse will be open as decided by the Management Committee, except that any opening on Christmas Day will be restricted to the hours 12 noon to 2.00 p.m.

3 The permitted hours for the supply of intoxicating liquor will be in accordance with the provision of the Club’s License granted under the Licensing Act 2003

4 Intoxicating liquor may be supplied to:

a. Members of the Club aged 18 or above
b. Visiting Teams and their Officials and Supporters
c. Guests introduced by Members of the Club

5 Persons under the age of 18 will not be permitted to purchase intoxicating liquor for consumption on or off the Club premises.

6 The Management Committee will have the right to hire the Clubhouse for the aim of a Private Function for any period not exceeding twenty-four hours during which the Clubhouse would not otherwise have been open. The Management Committee will set and, from time to time, review rates of hire. Any application for hiring will be accompanied by the prescribed payment.

New Milton Cricket Club

Disciplinary Committee Recomendations

Disciplinary Committee Letter to Chair and Secretary