Club Constitution                                     

                                  DRAYCOTT & LONG EATON TABLE TENNIS CLUB 

                                                                           Founded 1989

                                                                Draycott Table Tennis Centre

                                               Derby Road, Draycott, Derbyshire DE72 3NJ

          An ETTA 5* PremierClub                                                                               Registered Charity No. 1099237

 

                                                                                 

        Adopted on the            28th day of July 2003

       Amended on the          13th day of September 2006

 

 

A.    The Name of the Club is the Draycott & Long Eaton Table Tennis Club (The Charity)

 

B.    Administration

 

Subject to the matters set out below, the Charity and its property shall be administered and managed in accordance with this Constitution by the Members of the Executive Committee, constituted by Clause E of this Constitution.

C.    Objects

 

The Charity’s objects are to promote community participation in healthy recreation by providing facilities for playing table tennis, in accordance with the English Table Tennis Association’s (ETTA) Equity Policy – Table Tennis for All.

D.    Powers

In furtherance of the objects but not otherwise the Executive may exercise the following powers:

(1)   power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law:

(2)   power to buy, take on lease or in exchange any property necessary for the achievements of the objects and to maintain and equip it for use:

(3)   power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Charity:

(4)   power to include all ages and genders, also ethnic groups, the disabled and unwaged for social, league and competitive play:

(5)   power subject to any consents required by law to borrow money and to charge all or part of the Charity with repayment of the money so borrowed:

(6)   power to employ such staff (who shall not be members of the Executive Committee) as necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payments of pension and superannuation for staff and their dependants:

(7)   power to co-operate with other charities, voluntary bodies and statutory authorities operating in the furtherance of the objects or of similar charitable purposes and to exchange information and advice with them:

(8)   power to establish or support any charitable trusts, associations or institution formed for all or any of the objects:

(9)   power to appoint and constitute such advisory committees as the Executive Committee may think fit:

(10)power to do all such lawful things as are necessary for the achievements of the objects:

E.    Membership

 

(1)  Membership of the Charity shall be open to any person over the age of 18 years interested in furthering the objects and who has paid the annual subscription laid down from time to time by the Executive Committee

(2)  Every member shall have one vote at the Annual General Meeting

(3)  Junior Members under the age of 18 years may not vote at general meetings or be Committee members but may be invited to send a representative to the Committee meetings to put the views of the Junior members forward.

(4)  The Executive Committee may by unanimous vote and for good reason terminate the membership of any individual: Provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision is made.

All complaints regarding the behaviour of members should be submitted in writing to the Secretary. The Disciplinary Committee will meet to hear the complaints within 7 days of the complaint being lodged. The Disciplinary Committee has the power to appropriate action including the termination of membership.

 

The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member about whom the complaint was made within 7 days of the hearing.

 

There will be a right to appeal to the Executive Management Committee following disciplinary action being announced. The Executive Management Committee should consider the appeal within 7 days of the Secretary receiving the appeal.

 

G.     Honorary Officers

 

At the Annual General Meeting of the Charity the members of the Charity shall elect from themselves a Chairman, a Secretary and a Treasurer, who shall hold office from the conclusion of that meeting.

H.    Executive Committee

 

(1)   The Executive Committee shall consist of not less than 3 members nor not more than 8 members being:

(a)    the honorary officers specified in the preceding clause:

(b)    not less than 0 and not more than 5 members elected at the Annual General Meeting who shall hold office from the conclusion of that meeting:

(c)    the Executive Committee may in addition may appoint not more 2 co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than one third of the members would be cop-opted members. Each appointment of the Executive Committee called under Clause K1 and shall take effect from the end of that meeting unless the appointment is to fill a place which has not been vacated in which case the appointment shall run from the date when the post becomes vacant:

(d)    All the members of the Executive Committee shall retire from the office together at the end of the Annual General Meeting next after the date on which they came into office but they may be re-elected or re-appointed:

(e)    The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member:

(f)     Nobody shall be appointed as a member of the Executive Committee who is aged under 18 or who would if appointed be disqualified under the provisions of the following clause

I.     Determination of Membership of the Executive Committee

 

             A member of the Executive Committee shall cease to hold office if he or she:

(1)    is disqualified from acting as a member of the Executive Committee by virtue of Section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision)

(2)   becomes incapable by reason of mental disorder, illness or injury of managing  and administering his or her own affairs:

(3)   is absent without permission of the Executive Committee from all their meetings held within a period of six months and the Executive Committee resolve that his or her office be vacated: or

(4)   notifies the Executive Committee a wish to resign (but only if at least three members of the Executive will remain in office when the notice of resignation is to take effect)

J.     Executive Committee Members not to be personally interested

 

(1)  (Subject to the provisions of Sub-Clause (2) of this clause) no member of the Executive

       Committee shall acquire any interest in property belonging to the Charity (otherwise than as a

       Trustee for the Charity) or receive remuneration or be interested (otherwise than as a member

      of the Executive Committee) in any contact entered into by the Executive Committee.

(2)  Any member of the Executive Committee form the time being who is a solicitor, accountant or

       other person engaged in a profession may charge and be paid all the usual professional

       charges for business done  by him or her firm when instructed by the other members of the

       Executive Committee to act in a professional capacity on behalf of the Charity: Provided that at

       No time shall a majority of the members of the Executive Committee benefit under this provision

       and that a member of the Executive Committee shall withdraw from any meeting at which his or

                               her own instructions or remuneration, or that of his or her firm, is under discussion.

K.    Meetings and proceedings of the Executive Committee.

        

(1)  The Executive Committee shall hold at least two ordinary meetings each year. A Special

       meeting may be called at any time by the Chairman or by any two members of the Executive

       Committee upon not less than 4 days notice being given to the other members of the Executive

       Committee of the matters to be discussed but if the matters include a appointment of a co-opted

       member then not less than 21 days notice must be given.

(2)  The Chairman shall act as Chairman at meetings of the Executive Committee. If the Chairman is

                               absent from any meeting, the members of the Executive Committee shall choose one of their

                               number to be the Chairman of the meeting before any other business is transacted.

(3)  There shall be a quorum when at least one-third of the number of members of the Executive

       Committee for the time being or three members of the Executive Committee, whichever is the

       greater, are present at the meeting.

(4)   Every matter shall be determined by a majority of votes of the members of the Executive

                         Committee present and voting on the question but in the case of equality of votes the Chairman

                        of the meeting shall have a second or casting vote.

(5)   The Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings

       at meetings of the Executive Committee and any sub-committee.

(6)   The Executive Committee may from time to time make and alter the rules for the conduct of

       their business, the summoning and conduct of their meetings and the custody of documents.

       No rule may be made which is inconsistent with this constitution.

(7)   The Executive may appoint one or more sub-committees consisting of three or more members

       of the Executive Committee for the purpose of making an enquiry or supervising or performing

       any function or duty which in the opinion of the Executive Committee would be more

       conveniently undertaken or carried out by a sub-committee: Provided that all acts and

       proceedings of any such sub-committees shall be fully reported to the Executive Committee.

L.     Receipts and Expenditure

(1)  The funds of the Charity, including all donations, contributions and bequests, shall be paid into

       an account operated by the Executive Committee in the name of the Charity at such bank as the

      Executive Committee shall from time to time decide. All cheques drawn on the account must be

       signed by at least two members of the Executive Committee.

(2)  The funds belonging to the Charity shall be applied only in furthering the objects.

M.    Property

 

(1)   Subject to the provisions of Sub-Clause (2) of this clause, the Executive Committee shall cause the title to:

(a)   All land held by or in Trust for the Charity which is not vested in the Official 

       Custodian for Charities: and

(b)   All investments held by or on behalf of the Charity:

 

to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees.

Holding trustees may be removed by the Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee: Providing they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.

(2)    If a corporation entitled to act as custodian trustee has not been appointed to hold the

         property of the Charity, the Executive Committee may permit any investments held by or in trust

         for the Charity to be held in the name of a clearing bank, trust corporation or any stock broking

company which is an member of the International Stock Exchange (or any subsidiary of any such stock broking company) as nominee for the Executive Committee, and may pay such a nominee reasonable and proper remuneration for acting as such.

N.    Accounts

                          

The Executive Committee shall comply with their obligations under the Charities Act 1993 (or a statutory re-enactment or modification of that Act) with regard to:

(1)    the keeping of accounting records for the Charity

(2)    the preparation of annual statements of accounts for the Charity

(3)    the auditing or independent examination of the statements of accounts for the Charity; and

(4)    the transmission of the statements of accounts of the Charity to the Commission

O.    Annual Report

                      

The Executive Committee shall comply with their obligation under the Charities Act 1993 (or a statutory re-enactment or modification of that Act) with regard to: the preparation of an Annual Report and its transmission to the Committee.

P.    Annual Return

 

The Executive Committee shall comply with their obligation under the Charities Act 1993 (or a statutory re-enactment or modification of that Act) with regard to: the preparation of an Annual Return and its transmission to the Committee.

 

Q.    Annual General Meeting

 

(1)    There shall be an Annual General Meeting of the Charity which shall be held in the month August in each year or as soon as practicable thereafter.

(2)    Every Annual General Meeting shall be called by the Executive Committee.

The Secretary shall give at least 21 days notice of the Annual General Meeting to all members of the Charity. All members of the Charity shall be entitled to attend and vote at the meeting.

(3)    Before any other business is transacted at the first Annual General Meeting the persons

       present shall appoint a Chairman of the meeting. The Chairman shall be the Chairman of

       subsequent meetings, but if he or she is not present , before any other business is transacted,

       the persons present shall appoint a chairman of the meeting.

(4)    The Executive Committee shall be present to each Annual General Meeting the report and

       accounts of the Charity for the preceding year.

(5)    Nominations for Election to the Executive Committee must be made by members of the

Charity in writing and must be in the hands of the Secretary of the Executive Committee at least 14 days before the Annual General Meeting. Should nominations exceed vacancies, election shall be by ballot.

R.    Special General Meetings

 

             The Executive Committee may call a Special General Meeting of the Charity at any time. If a least

             10 members request such a meeting in writing stating the business to be considered, the Secretary

              shall call such a meeting. At least 21 days notice must be given. The notice must state the

              business to be discussed.

          

S.    Procedure at General Meetings

 

(1)    The Secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Charity

(2)    There shall be a quorum when at least one-tenth of the numbers of members of the Charity for the time being or 10 members of the Charity, whichever is the greater, are present at any general meeting.

T.    Notices

 

                    Any notice required to be served on any member of the Charity shall be in writing and shall be

                    served by the Secretary or the Executive Committee on any member either personally or by

                    sending it through the post in a pre-paid letter addressed to such member at his or her last known

                    address in the United Kingdom, and any letter so sent shall be deemed to have been received

                    within 10 days.

U.    Alterations to the Constitution

 

(1)   Subject to the following provisions of this clause the Constitution may be altered by a resolution

      passed by not less than two-thirds of the members present and voting at a general meeting. The

      notice of the general meeting must include notice of the resolution, setting out the terms of the

      alteration proposed.

(2)   No amendment may be made to Clause A, Cluase C, Clause J, Clause V or this clause

       (Clause U) without the prior consent in writing of the Commissioners.

(3)    No amendment may be made which would have the effect of making the Charity cease to be a

       Charity at law.

(4)   The Executive Committee should promptly send to the Commission a copy of any amendment

       made under this clause.

V.    Dissolution

 

If the Executive Committee decides that it is necessary or advisable to dissolve the Charity, it shall call a meeting of all members of the Charity, of which not less than 21 days notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have the power to realise the assets held by or on behalf of the Charity.

Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institutions or institutions having objects similar to the objects of the Charity “who run projects for the development of children and young people in sport” as the members of the Charity may determine, or failing that, shall be applied for some other charitable purpose.

With regard to the facility, if the club were to dissolve, then the allocation of the facility will be allocated to another club or for table tennis development by prior agreement with the English Table Tennis Association (ETTA)

A copy of the statement of accounts, or account and statement, for the final period of the Charity must be sent to the Commission.

This Constitution was adopted on the date mentioned above by the persons who signature appears at the bottom of this document.


Signed - 

 G Gobey

Graham Gobey

Club Secretary.

Draycott & Long Eaton Table Tennis Club

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