The current version of the club constitution was adopted at the 2024 AGM on 9 February 2024.
1. Name
The name of the Club is Bank of England 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, including for Bank of England staff and pensioners.
3. Affiliation
3.1 The Club is affiliated to the England and Wales Cricket Board through the Surrey Cricket Board.
3.2 The club is affiliated to the Bank of England.
3.3 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.
3.4 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.
3.5 The Club shall adopt and implement the ECB Club Inclusion and Diversity Policy and any future versions of this policy. This shall include the ECB's Anti-Discrimination Code and any future versions of this.
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;
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;
4.4 raise funds by appeals, subscriptions, loans, grants 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 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 government-related agencies; and
4.12 do all other things reasonably necessary to advance the purposes.
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 gender, 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 non discriminatory 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 Ault Playing Member (aged 19 or over on 1st September of the previous year).
5.4.2 Student Playing Member (aged 19 or over on 1st September of the previous year in fulltime education).
5.4.3 Academy Playing Member (aged 15-18 on 1st September of the previous year).
5.4.4 Junior Playing Member (aged 14 or below on 1st September of the previous year).
5.4.5 Social Member (mainly non-playing member)
5.4.6 Associate Member (parent / guardian of a junior playing member).
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.
5.7 The Committee may refuse membership, or remove it, at their discretion but only for good cause such as conduct or character likely to be harmful to the Club or cricket:
5.7.1 Appeal against a refusal of membership shall be to the Appeal Committee as detailed in section 10.
5.7.2 The procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail in section 10.
5.8 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.
5.9 The Club Secretary will keep a register of members.
5.10 Membership is not transferable and shall cease on death.
5.11 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
6.1 All members may attend all general meetings of the Club in person.
6.2 All members over the age of 18 have one vote.
6.3 Members must be given at least 21 clear days written notice of all general meetings.
6.4 The quorum for all general meetings is 10 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 another time and place as the Committee decide within 28 days.
6.6 The Chair or (in his or her absence) one of the other Club Officers 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. The Chair shall have a casting vote in the event of a tie.
6.8 Formalities in connection with general meetings (such as how to put down resolutions and nominate candidates for election to the Committee) are:
6.8.1 Members must advise the Secretary in writing of any other business to be moved at General Meeting at least 14 days before a meeting.
6.8.2 Nominations of candidates for election of offices shall be made in writing to the Secretary at least 14 days in advance of any General Meeting. Nominations can only be made by members and must be seconded by another member.
6.8.3 The Club Secretary shall circulate or give notice of the agenda for the meeting to members not less than 7 days before any General Meeting.
7. Annual General Meetings
The Club will hold an AGM before the end of February in every calendar year. At every AGM:
7.1.1 the members will elect a Committee including a Chair, Vice-Chair, Treasurer and Secretary (“the Officers”) to serve until the next AGM.
7.1.2 the members will elect an honorary President to serve a singular 3 year term.
7.1.3 the Treasurer will produce accounts of the Club for the latest financial year audited as the Committee shall decide. The financial year shall end on 31st December.
7.1.4 the Committee will present a report on the Club's activities since the previous AGM;
7.1.5 the members will appoint a suitable person to audit the accounts; and
7.1.6 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. Extraordinary General Meetings (EGM)
An EGM shall be called by the Secretary within 7 days of a request to that effect from the Committee or on the written request of not less than 8 members signed by them. Such EGM shall be held on not less than 21 nor more than 28 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 7 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.
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. 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, away-match 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 10 and not more than 18 members (including Officers and the Club Safeguarding Officer). The Committee shall consider the number of positions required on an annual basis.
9.3.2 At least three of the Committee must be unrelated to each other and not co-habiting.
9.3.3 The Committee shall be elected by the members at the Annual General Meeting as detailed in section 6.8 and 7.
9.3.4 The Committee members shall consider skills needed and diversity on the Committee.
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. Details on nominating and electing Committee members at the AGM are set out in section 6.8.
9.3.7 A Committee member ceases to be such if he or she:
(a) ceases to be a member of the Club; or
(b) resigns by written notice to the Club; or
(c) is removed by the Committee in accordance with clauses 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 meet at least four times each year. 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 in his / her absence one of the other Club Officers will chair the meeting;
(d) decisions shall be by simple majority of those voting;
(e) a resolution in writing agreed by a majority of the Committee 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.
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, including at least one of the Club Officers.
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 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 Sub-Committee) which shall consist of three legitimate club members.
10.3.1 The Disciplinary Sub-Committee shall ask for written evidence from the person who lodged the complaint and the person against whom the complaint was made within 14 days of a complaint being lodged. Any such report should include details of what occurred; when and where the occurrence took place; any witness details and copies of any witness statements.
10.3.2 The Disciplinary Sub-Committee will meet to review the written evidence within 21 days of the initial complaint. The Disciplinary Sub-Committee may decide at its sole discretion to a) uphold or dismiss the complaint without holding a hearing or b) hold a hearing within the next 14 days at which both parties will be entitled to attend and present their case. Anyone requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.
10.3.3 The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including (a) warn as to future conduct; (b) suspend from membership; (c) remove from membership; (d) exclude a non-member from the club activities if facilities, either temporarily or permanently; and (e) turn down a non-member’s current and/or future membership application.
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 7 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 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 14 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 / Policies 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 two-thirds 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
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 two thirds 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.