Name

The name of the Club is Merstham 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 Surrey Cricket Board.

Aims and Objectives

To foster and promote the sport of cricket at all levels within the community and within the sport, providing opportunities for recreation, coaching and competition.

To manage the Merstham Cricket Club pavilion and playing facilities at Quality Street, Merstham, Surrey.

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.

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 any future versions of the Policy.

To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy.

To encourage all members to participate fully in the activities of the club.

Membership

  1. Membership of the club shall be open to anyone interested in the sport of cricket 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.
  2. The club may have different classes of membership and subscription on a non-discriminatory and fair basis.  The club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
  3. Application for membership of the club shall be by completion of a membership application form and by payment of the relevant subscription/joining fees as determined by the Annual General Meeting of the club.
  4. No person shall be eligible to take part in the business of the club or 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 Committee.
  5. The club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute.  Appeal against refusal or removal may be made to the Committee who shall appoint an Appeals Committee to hear the appeal.
  6. All members will be subject to the regulations of the Constitution and by joining the club will be deemed to accept these regulations and any Codes of Conduct that the club has adopted.  The Constitution shall identify those members eligible to vote at any General Meetings.
  7. Any member may introduce guests to the Club's ground and premises
  8. Members introducing guests must accompany them and pay for any excisable refreshment they may partake of on the Club's premises
  9. Members of visiting teams shall automatically become temporary honorary members for the period of their visit only and their names shall be entered in the visitors’ book by the home team Captain who shall be responsible for the conduct of those members.

Classes of Membership

There shall be 4 No. Classes of membership available. These are:

  • Adult (18 years or over) Playing Full Member
  • Junior Playing Member (Under 18 years of age at the beginning of the current year)
  • Non-playing Social Member
  • Honorary/ Life Member

Within these classes there may be different subscription levels, depending on the amount of cricket available to the individual.

 The Treasurer or other Officer of the club shall maintain a list of members in each category.

Officers

The Officers of the club shall be as follows:

Executive Officers

  • Chair
  • Vice Chair
  • Secretary
  • Treasurer
  • Honorary Auditor

All of these shall be elected, from and by the club members (except junior members), at the Annual General Meeting. The Committee shall have the power to fill any vacancies occurring in their number.

Additional Officers

AdditionalOther, non-executive, officers of the club can be appointed, to the committee, by the executive officers as required. These officers should include, at least, the following:

  • Safeguarding Officer
  • Fixture Secretary
  • Communications manager
  • Chairman of the following sub committees:
    • Cricket (Club Captain)
    • Junior section
    • Estates and new projects
    • Development

All of these shall be elected at the Annual General Meeting.  The Committee shall have the power to fill any vacancies occurring in their number.

Other officer positions can be created as necessity dictates.

Honorary Officers (if applicable)

  • President 
  • Vice-President(s)

Election of Officers

Captains for all Saturday and Sunday adult teams will be appointed by the cricket committee in consultation with the executive committee. Such appointments will last for one year, but shall be eligible for re-election to the same office or to another office the following year. The duly appointed captains will then organise their appropriate vice captains. Captain appointments will be subject to ratification by the club membership at the annual AGM.

 Management Committee

The affairs of the club shall be conducted by a Management (General) Committee (the Committee) comprising the Executive Officers of the club and the other appointed officers. Only these members of the Committee shall be entitled to vote at Committee meetings.

The 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 Committee members.

The duties of the Committee shall be:

  1. To control the affairs of the club on behalf of the members.
  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 before every Annual General Meeting.  The club shall maintain a bank current account and the following Officers may be authorised to sign club cheques: the Chairman, Treasurer and Secretary (other Officers as appropriate).
  3. To co-opt additional members of the Committee as the Committee feel is necessary.  Co-opted members shall not be entitled to a vote on the Committee and shall serve until the end of the next Annual General Meeting.
  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.

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.

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.

The Committee has the power to:

  1. acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities
  2. provide coaching, training, medical treatment, and related social and other facilities
  3. take out any insurance for club, employees, contractors, players, guests and third parties
  4. raise funds by appeals, subscriptions, loans and charges
  5. borrow money and give security for the same, and open bank accounts
  6. buy, lease or licence property and sell, let or otherwise dispose of the same
  7. make grants and loans and give guarantees and provide other benefits
  8. set aside funds for special purposes or as reserves
  9. invest funds in any lawful manner
  10. employ and engage staff and others and provide services
  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
  12. do all other things reasonably necessary to advance the aims and objectives of the club.

NONE of the above powers may be used other than to advance the aims and objectives in a manner consistent with the Rules and the general law.

Should any question arise with which the foregoing Rules do not deal, the Committee shall have power to deal with such questions and its decision shall be final pending confirmation at the next Annual General Meeting or at an Extraordinary General Meeting called for that purpose.

General Meetings

The Annual General Meeting of the club shall be held not later than the 31 January each year.  21 No. clear days written notice of the Annual General Meeting shall be given to members by posting the notice on the club notice board and web site.  Members must advise the Secretary in writing of any other business to be moved at the Annual General Meeting at least 14 days before a meeting.  The Secretary shall circulate or give notice of the agenda for the meeting to members not less than 14 days before the meeting.

The business of the Annual General Meeting shall be to:

  1. Confirm the minutes of the previous Annual General Meeting.
  2. Receive the audited accounts for the year from the Treasurer
  3. Receive the annual report of the Committee from the Secretary
  4. Elect an Honorary auditor
  5. Elect the Executive Officers of the Club (i.e. President; Vice Presidents, Chair etc.)
  6. Review club subscription rates and agree them for the forthcoming year
  7. Transact such other business received in writing by the Secretary from members 14 days prior to the meeting and included on the agenda.

Nominations of candidates for election of Offices shall be made in writing to the Secretary at least 14 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.

Special General Meetings may be convened by the Committee or on receipt by the Secretary of a request in writing from not less than 7 No. Full Members of the club.  At least 10 days notice of the meeting shall be given.

At all General Meetings, the Chair will be taken by the Chair or, in their absence, by a deputy appointed by Full Members attending the meeting.  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.

A quorum for a General Meeting shall be 10 No. Full Members and any other categories of membership entitled to vote (as outlined by the membership section of this Constitution) plus Officers of the Club including at least 2 No. from the Chair, Secretary and Treasurer.

Each Full Member of the Club shall be entitled to one vote at General Meetings.

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 member Full Member of the club and seconded by another memberFull Member.  Such alterations shall be passed if supported by not less than two-thirds of those Full Voting Members present at the meeting, assuming that a quorum has been achieved.

Finance

All club monies shall be banked in an account in the name of the club.

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.

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

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

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

Any cheques drawn against club funds must bear the signature of an authorised Club Officer registered with the bank for such purposes.

Property and Funds

  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.
  2. The work of Merstham Cricket Club shall not be for the benefit of landfill site operators who may contribute to Merstham Cricket Club and claim credit under the Landfill Communities Fund. Nor shall it be for the benefit of contributing third parties, as defined in the landfill tax regulations.
  3. The club may also in connection with the sports purposes of the club:
    1. sell and supply food, drink and related sports clothing and equipment
    2. employ members and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present
    3. pay for reasonable hospitality for visiting teams and guests
    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).
  4. The Club premises and pavilion may be opened between the hours of 9.00 a.m. and midnight. The permitted hours for the supply of intoxicating liquor shall be those fixed from time to time by the Committee in accordance with the provisions of the extant Licensing Laws and as notified when necessary to the Clerk to the Justices and as exhibited on the Club notice board.

All profits generated by the Club’s activities are to be retained within and reinvested in the Club to further its future development.  Profits are and shall not be available for distribution to the membership of the Club.

Discipline and Appeals

Merstham Cricket Club expects all its members to achieve and maintain a high standard of conduct and behaviour when representing the Club.  Merstham Cricket Club has adopted the English Cricket Board (ECB) Code of Conduct and Spirit of Cricket as their minimum benchmarks for the club members.

Where members (and their guests) fail to meet these minimum standards the Club disciplinary code may be applied in order to determine the appropriate course of action to be taken by the club.

Responsibility for Club Discipline

The Club Captain (or in cases of conflicts of interest the Vice Chairman) has primary responsibility on behalf of the Management for Club Discipline and the application of the Disciplinary Code.

If the member, being disciplined is under the age of 18, then the safeguarding officer and a parent or guardian.

All complaints regarding the behaviour of members (or their guests) should be notified in writing to the Club Secretary.  Where external parties (such as opposition teams or visitors) teams wish to formally complain about Merstham Cricket Club members, they should be directed in the first instance to the Team Captain or Management Committee member who can advise them of the correct procedure.

Where a complaint is received and where a material breach of the Club rules has occurred, the Club Captain shall initiate aninitiate and an investigation and compile a report for the Club Management Committee.

A material breach shall include (but not be limited to): 

  1. Verbal abuse of opposition, teams, spectators or members and guests of Merstham Cricket Club.
  2. Physical assault or threats of violence.
  3. Verbal abuse of match officials.
  4. Damage to club – and opposition club – equipment and assets.
  5. Any behaviour likely to bring the club into disrepute.

 This list is not exhaustive, but is intended to indicate where action is likely to be taken by the Club.

 For the purpose of this Disciplinary Code, Club members are deemed to be responsible for the actions and behaviour of their guests and friends. 

The Club Management Committee will meet within 10 days of a complaint having been received.

Disciplinary Process

The Management Committee will consider the report from the Club Captain, including any statements from the complainant, witnesses and the Club Member(s) involved.

The Management Committee has the power to impose sanctions on Club Members, where allegations are proven.  These sanctions include but are not limited to:

  1. Suspension from playing for the Club.
  2. Termination of membership.

Disciplinary action by the Club does not preclude action by the League Committee. Additional sanctions may be imposed by the League in such cases.

The outcome of the Disciplinary hearing shall be formally communicated in writing to the complainant and the member(s) against whom the complaint was made within 5 days of the hearing.

Appeals Procedure

There shall be a right of appeal to the Management Committee following disciplinary action.

 Members wishing to appeal must notify the Club Chairman in writing within 7 days of the letter from the Club detailing the outcome of the disciplinary action.

The Appeal letter must include:

  1. the basis and reason for the appeal,
  2. details and information to support the appeal,
  3. any mitigating facts should be considered as part of the appeal.

Members may be accompanied at the appeal by an individual of their choice who is not a serving member of the Management Committee.

The Club Chairman (or his delegate in the case of a conflict of interest) will hear the appeal with the management Committee within 10 days of receipt of the Appeal Letter.

The outcome of the appeal hearing will be communicated in writing to the relevant parties within 5 days of the appeal hearing.

The result of the Appeal shall be final and binding on all parties.

Dissolution

  1. If at any General Meeting of the club, a resolution be passed calling for the dissolution 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.
  2. If at that Special Meeting, the resolution is carried by at least two-thirds (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.
  3. The Committee will then be responsible for the orderly winding up of the club’s affairs.
  4. After settling all liabilities of the club, the Committee shall dispose of the net assets remaining to one or more of the following:
    1. to another club with similar sports purposes which is a registered charity
    2. to another club with similar sports purposes which is a registered Community Amateur Sports Club 
    3. to the club’s governing body for use by them for related community sports.
  5. In the event of the organisation dissolution any remaining Landfill Communities Fund money shall transfer to any enrolled Environmental Body, and not to an organisation of similar objects and status

Declaration

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

Version 5 - January 2024