Constitution

BOURTON VALE LAWN TENNIS CLUB  
CONSTITUTION
Updated: 06/01/2016 (sections 4.1 & 20.3)
 

1. Name. 

The club is called Bourton Vale Lawn Tennis Club (“the Club”).
 

2. Definitions. 

 

2.1 “The Chairman” means the person elected from time to time to be the chairman of the
Club in accordance with Rule 9;

 

 “the Honorary Secretary” means the person elected from time to time to be the
honorary secretary of the Club;

 

 “the Honorary Treasurer” means the person elected from time to time to be the
honorary treasurer of the Club in accordance with Rule 9;

 

 “the CLTA” means the Gloucestershire County Lawn Tennis Association;
 

 “the LTA” means the Lawn Tennis Association;
 

 “the Management Committee” means the committee appointed under Rule 9 to
manage the Club;

 

 “the Members” means the members of the club admitted from time to time to
membership of the Club in accordance with Rule 5;
 

 “the Trustees” means the persons appointed from time to time to be the Trustees of
the Club in accordance with Rule 9.
 

2.2 Words denoting the singular number include the plural number and vice versa; words
denoting the masculine gender include the feminine gender and vice versa.
 

3. Objects.
 

The objectives of the Club are:
 

3.1 to provide tennis, social and other activities and generally to encourage and facilitate the
playing of tennis;
 

3.2 to provide and maintain Club premises at Rissington Road, Bourton on the Water,
Gloucestershire GL54 2AY;
 

3.3 to promote, improve, develop and support the interests of tennis;
 

3.4 to provide such other benefits to its members as it shall think fit;
 

3.5 to affiliate to the CLTA (and by so doing affiliate to the LTA) and to comply with and
uphold the rules and regulations of the CLTA and the LTA as amended from time to time
and the rules and regulations of any body to which the LTA is affiliated.
 

3.6 to acquire, establish, own, take on lease, operate and turn to account in any way for the
members’ benefit the tennis court facilities of the Club together with buildings and
easements, fixtures and fittings as shall be thought advisable;
 

3.7 to make rules concerning the operation of the Club including without limitation
regulations concerning disciplinary procedures that may be taken against the Members;
 

3.8 to do all such other things as the Management Committee thinks fit to further the
interests of the Club or to be incidental or conducive to the attainment of all or any of the
objects stated in this Rule 3.
 

4. Application of surplus funds
 

4.1 The Club is a non-profit making organisation. All surplus income or profits are to be reinvested in the club. No surpluses or assets will be distributed to members or third parties. No surplus will be distributed other than in accordance with Clause 20.3 on winding-up or dissolution of the Club.
 

4.2 Nothing in Clause 4.1 shall prevent the Club from entering an agreement with a
Member for the supply by him to the Club of goods or services or for his employment by
the Club, provided that such arrangements are approved by the Management Committee
(without the Member being present) and are agreed with the Member on an arm’s length
basis.

 

5. Membership
 

5.1 Eligibilty for membership
 

5.1.1 Persons of either sex are eligible for membership of the club provided that they are at
least eighteen years old. No person shall be denied membership of the club on the grounds
of race, ethnic origin, creed, colour, age, disability, sex, occupation, sexual orientation,
religion, political or other beliefs.
 

5.1.2 Persons below the age of eighteen may be elected as junior Members without the right
to hold office or vote at general meetings.
 

5.1.3 The number of Members is limited to 150.
 

5.2 Admission of Members
 

Any person who wishes to become a Member must submit an application in such form as
the Management Committee shall decide. Every candidate for membership shall be
considered by the Management Committee, which shall, in its absolute discretion, decide
whether to admit that candidate as a Member.
 

5.3 Classes of Member
 

5.3.1 There shall be the following classes of members for the club : 

 full Member 

 family Member 

 student Member 

 junior Member
 

5.3.2 All Members aged 18 and over shall be entitled to receive notice of, attend and vote at
general meetings. The other Members shall be entitled to all the other privileges of
membership other than the right to receive notice of, attend and vote at general meetings.
 

5.3.3 All Members shall be subject to these rules and to the regulations and playing rules of
the Club and shall abide by the rules and regulations of the LTA and the relevant CLTA ,
from time to time in force.
 

5.4 Subscriptions
 

5.4.1 The annual subscription for each type of Member shall be determined from time to
time by the Management Committee and voted on at the AGM.
 

5.4.2 The Members shall pay any annual subscription fee set by the Management Committee
from time to time.
 

5.4.3 No candidate who has been elected a Member shall be entitled to the privileges of
membership until he has paid his first annual subscription.

 

5.4.4 Any Member whose subscription is not paid by such date as the Management
Committee shall decide each year shall be deemed to have resigned his membership of the
Club.
 

6. Resignation
 

A Member may withdraw from membership of the club on fourteen days clear notice to
the Club. Membership shall not be transferable in any event and shall cease immediately on
death or on failure of the Member to comply or to continue to comply with any condition of
membership set out in these Rules.
 

7. Expulsion
 

7.1 The Management Committee shall have power to expel a Member when, in its opinion,
it would not be in the interests of the sport or of the Club for him to remain a Member.

 

7.2 A Member shall not be expelled unless he is given fourteen days written notice of the
meeting of the Management Committee at which his expulsion shall be considered and
written details of the complaint made against him.
 

7.3 The Member shall be given an opportunity to make written representations and/or to
appear before the Management Committee and at any such meeting to be accompanied by a
representative or friend, who may answer complaints made against the Member and to
cross-examine any witnesses on behalf of the Member. The member must not be expelled
unless at least two thirds of the Management Committee (two thirds of the whole
Management Committee, not just two thirds of those present) vote in favour of his
expulsion.
 

7.4 The Management Committee may exclude the Member from the Club’s premises until
the meeting considering his expulsion has been held. For the avoidance of doubt, the
Member shall be entitled to attend that meeting for the purpose of making his
representations.
 

8. Effect of resignation or expulsion
 

Any person ceasing to be a Member forfeits all rights to and claim upon the Club, its
property and its funds and he has no right to the return of any part of his subscription. The
Management Committee may refund an appropriate part of a resigning Member’s
subscription if it considers it appropriate taking account of all the circumstances.
 

9. The Management Committee
 

9.1 The Club shall be managed by a Management Committee consisting of : 

 (i) the Chairman 

 (ii) up to two Vice-Chairmen 

 (iii) the Honorary Secretary 

 (iv) the Honorary Treasurer 

 (v) no more than ten other Members elected annually at the annual general meeting
to include other administrative officers.
 

9.2 The Management Committee shall decide in its discretion how Members may be
nominated to be members of the Management Committee and shall notify the Members
accordingly.
 

9.3 Any person nominated as a member of the Management Committee must be a full
Member.
 

9.4 If there is only one candidate nominated to fill any particular vacancy, that candidate
shall be declared elected unopposed for that particular vacancy at the next annual general
meeting. If there is more than one candidate for any particular vacancy there shall be an
election at the annual general meeting for that position. In the event of a tie, the candidate
to be elected shall (unless the candidates otherwise agree) be determined by lot.
 

9.5 The Management Committee members shall be elected at the annual general meeting in
each year, and subject to termination of office by resignation, removal or otherwise, the
members remain in office until they or their successors are re-elected or elected (as the case
may be) at the annual general meeting following their re-election or election (as the case may
be).
 

9.6 In addition to the members elected or appointed in accordance with this Rule 9, the
Management Committee may co-opt up to four further members who shall serve until the
next annual general meeting. Co-opted members shall be entitled to vote at the meetings of
the Management Committee.
 

9.7 The Management Committee may appoint any Member to fill any casual vacancy on the
Management Committee until the next annual general meeting when that person shall retire
but shall be eligible for re-election.
 

9.8 Retiring members of the Management Committee may be re-elected.
 

9.9 A member of the Management Committee shall be deemed to have vacated office if: 

 (i) he becomes bankrupt or makes any arrangement or composition with his creditors
generally; or 

 (ii) he is, or may be, suffering from mental disorder; or 

 (iii) he resigns his office by notice to the Club; or 

 (iv) he shall without sufficient reason for more than three consecutive meetings of the
Management Committee have been absent without permission of the Management
Committee and the Management Committee resolves that his office be vacated; or 

 (v) he is suspended from holding office or from taking part in any activity relating to
the administration or management of the Club by a decision of the CLTA or LTA; or 

 (vi) he is requested to resign by not less than two thirds of the other Management
Committee members acting together.
 

10. Proceedings of the Management Committee
 

10.1 Management Committee meetings shall be held as often as the Management
Committee thinks fit provided that there shall be not less than four meetings each year. The
quorum for such meetings shall be four. The Chairman and the Honorary Secretary shall
have discretion to call emergency meetings of the Management Committee if they consider it
to be in the interests of the Club. The Honorary Secretary shall give all the members of the
Management Committee not less than seven days notice of a meeting.
 

10.2 The Chairman shall be the chairman of the Management Committee. Unless he is
unwilling to do so, the Chairman shall preside at every meeting of the Management
Committee at which he is present. If there is no person holding that office, or if the
Chairman is unwilling to preside or is not present within five minutes after the time
appointed for the meeting, the Vice-Chairman shall preside. If there is no Vice-Chairman or
if he is unwilling to preside, or if he is not present within five minutes after the time
appointed for the meeting, the members of the Management Committee present may
appoint one of their number to be chairman of the meeting.
 

10.3 Decisions of the Management Committee shall be made by a simple majority and in
the event of an equality of votes the Chairman (or the acting chairman of that meeting) shall
have the casting or additional vote.
 

10.4 The Management Committee may from time to time appoint from among its number
of such sub-committees as it considers necessary and may delegate to them such of the
powers and duties of the Management Committee as the Management Committee may
determine. All sub-committees shall periodically report their proceedings to the
Management Committee and shall conduct their business in accordance with the directions
of the Management Committee.
 

10.5 The Management Committee shall be responsible for the management of the Club and
shall have power to enter into contracts for the purposes of the Club on behalf of all the
Members.
 

10.6.1 The Management Committee shall appoint Trustees, to hold office until death or
resignation unless removed from office by a resolution of the Management Committee or by
a resolution duly passed at a general meeting. The Chairman from time to time is nominated
as the person to appoint new Trustees within the meaning of section 36 of the Trustee Act
1925. A new Trustee or new Trustees shall be nominated by resolution of the Management
Committee and the Chairman shall by deed duly appoint the person or persons so
nominated as the new Trustee or Trustees of the Club and the provisions of the Trustee Act
1925 shall apply to any such appointment. Any statement of fact in any such deed of
appointment shall in favour of a person dealing with the Club or the Committee in good
faith be conclusive evidence of the fact so stated.
 

10.7 The number of Trustees shall not be more than four or less than two.
 

10.8 The members of the Management Committee shall be entitled to an indemnity out of
the assets of the club for expenses and other liabilities properly incurred by them in the
management of the affairs of the club.
 

11. Annual general meeting
 

11.1 The annual general meeting of the Club shall be held at such time as the Management
Committee shall decide each year to transact the following business:
 

 (i) to receive the Chairman’s report of the activities of the Club during the previous year; 

 (ii) to receive and consider the accounts of the Club for the previous year and the
Honorary Treasurer’s report as to the financial position of the Club; 

 (iii) to elect the members of the Management Committee; 

 (iv) to decide on any resolution which may be duly submitted in accordance with Rule
11.2 below; 

 (v) to deal with any other matters which the Management Committee desires to bring
before the membership.
 

11.2 Notice of any resolution proposed to be moved at the annual general meeting shall be
given in writing to the Honorary Secretary not less than 14 days before the meeting.
 

11.3 No period greater than fifteen months shall elapse between one annual general
meeting and the next.
 

12. Extraordinary general meetings
 

An extraordinary general meeting may be called at any time by the Management Committee 

and shall be called within 14 days of receipt by the Honorary Secretary of a requisition in
writing signed by not less than twenty Members stating the purposes for which the meeting
is required and the resolutions proposed.
 

13. Procedures at the annual and extraordinary general meetings
 

13.1 The Honorary Secretary shall send to each Member at his last known contact address
notice of the date of the general meeting together with the resolutions to be proposed at
least 14 days before the meeting.
 

13.2 The quorum for the annual and extraordinary general meetings shall be eight
Members.
 

13.3 The Chairman shall preside at all meetings of the Club but if he is not present within
fifteen minutes after the time appointed for the meeting or has signified his inability to be
present at the meeting, the Members present may choose one of the other members of the
Management Committee present to preside to and if no other member of the Management
Committee is present or willing to preside the Members present may choose one of their
number to be chairman of the meeting.

 

13.4 Each Member present shall have one vote and resolutions shall be passed by a simple
majority of those Members present and voting. In the event of an equality of votes the
chairman of the meeting shall have a casting or additional vote.

 

13.5 The Honorary Secretary, or her absence of a member of the Management Committee,
shall take minutes at annual and extraordinary general meetings.

 

13.6 There shall be no right for a Member to vote by proxy.

 

14. Guests

 

14.1 Any Member may introduce guests to the Club, and any player, coach, other team
representative, match official or spectator attending the Club’s premises (by invitation of the
Club) who is not a Member shall be a guest of the Management Committee, provided that
no one whose application for membership has been declined or who has been expelled from
the Club may be introduced as a guest.

 

14.2 No one may be admitted as a guest on more than three occasions in any calendar year.

 

15. Alteration of the rules

 

These Rules may be altered by resolution at an annual or extraordinary general meeting
provided that the resolution shall not be passed unless carried by a majority of at least two-
thirds of the Members present and voting at the general meeting, the notice of which
contains particulars of the proposed alteration or addition.

 

16. Regulations and playing rules

 

The Management Committee shall have power to make, repeal and amend such regulations
and playing rules as it may from time to time consider necessary for the well being of the
Club. Such regulations and playing rules and any repeals or amendments to them shall have
effect until set aside by the Management Committee.



 

17. Finance

 

17.1 All monies payable to the Club shall be received by the person authorised by the
Management Committee to receive such monies and shall be deposited in a bank account in
the name of the Club. No sum shall be drawn from that account except by cheque signed by
two signatories who shall nominated from the following officers Chairman, Honorary
Secretary, Honorary Treasurer. Any monies not required for immediate use may be invested
as the Management Committee in its discretion thinks fit.

 

17.2 Subject to Rule 20.3, the income and property of the Club shall be applied only in
furtherance of the objects of the Club and no part of thereof shall be paid by way of bonus,
dividend or profit to any Member.

 

17.3 The Management Committee shall have power to authorise the payment of
remuneration and expenses to any member of the Management Committee, Member of the
Club and to any other person or persons for services rendered to the Club.

 

17.4 The financial transactions of the Club shall be recorded in such manner as the
Management Committee thinks fit by the Honorary Treasurer.

 

17.5 Full accounts of the financial affairs of the Club shall be prepared each year. The
accounts must be made available to every Member when notice concerning the annual
general meeting is given.

 

18. Borrowing

 

18.1 The Management Committee may borrow a maximum total amount of £50,000 on
behalf of the Club for the purposes of the Club from time to time at its own discretion and,
with the sanction of a general meeting, any further money above that sum.

 

18.2 When so borrowing the Management Committee shall have power to raise in any way
any sum or sums of money and to raise and secure the repayment of any sum or sums of 

money in such a manner and on such terms and conditions as it thinks fit, and in particular
by mortgage of, or charge upon, all or any part of the property of the Club.

 

18.3 The Management Committee shall have no power to pledge the personal liability of
any Member for repayment of any sums so borrowed.

 

18.4 The Trustees shall, at the discretion of the Management Committee, make such
dispositions of the Club’s property or any part thereof, and enter into and execute such
agreements and instruments in relation thereto, as the Management Committee may deem
proper for giving security for such monies and the interest payable thereon.

 

19. Property

 

19.1 The property of the Club, other than cash at the bank, shall be vested in the Trustees.
They shall deal with the property as directed by resolution of the Management Committee
and entry in the minute book shall be conclusive evidence of such a resolution.

 

19.2 The Trustees shall be entitled to an indemnity out of the property of the Club for all
expenses and other liabilities properly incurred by them in the discharge of their duties.

 

19.3 If the Trustees act on the direction of the Management Committee in good faith and
there is insufficient property of the Club to indemnify them for any liability incurred on the
direction of the Management Committee, the Trustees shall be entitled to an indemnity from
the Management Committee members.

 

20. Dissolution

 

20.1 A resolution to dissolve the Club shall be proposed only at an extraordinary general
meeting and shall be passed only if carried by a majority of at least two thirds of the
members present and voting.

 

20.2 The dissolution shall take effect from the date of the resolution and the members of
the Management Committee shall be responsible for the winding up of the assets and
liabilities of the Club.

 

20.3 Upon dissolution 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.

 

Updated: 06/01/2016 (sections 4.1 & 20.3)