CRIMSON KNIGHTS LONDON BASKETBALL CLUB | Rules & Regulations (20/21)
1. Organisation
The control of all CRIMSON KNIGHTS LONDON BASKETBALL CLUB affairs shall be vested in the Management Committee, whose rules and regulations, additional to the Constitution, shall apply to all competitions organised by CRIMSON KNIGHTS LONDON BASKETBALL CLUB and will be for teams, members of teams, and individuals affiliated to CRIMSON KNIGHTS LONDON BASKETBALL CLUB and registered in accordance with Basketball England (BE) and CRIMSON KNIGHTS LONDON BASKETBALL CLUB Rules and Regulations.
2. Definitions
2.1 In these Rules, unless the contrary intention appears –
“By-laws” means the regulations adopted, approved or amended by the Club at its annual general meeting or any general meeting of the Club convened in accordance with these Rules; “committee” means the committee of management of the Club;
“financial year” means the year ending on 30 November;
“general meeting” means a general meeting of members convened in accordance with rule 12.
“member” means a member of the Club;
“ordinary member of the committee” means a member of the committee who is not an officer of the Club under Rule 21;
“Regulations” means regulations under the Act;
“relevant documents” has the same meaning as in the Act;
“By-laws” means regulations adopted, approved or amended by the Club at its Annual General Meeting or any general meeting of the Club convened in accordance with these Rules.
2.2 In these Rules, a reference to the Secretary of the Club is a reference-
(a) if a person holds office under these Rules as Secretary of the Club – to that person; and
(b) in any other case, to the public officer of the Club.
3. Members
A person may apply for only one membership and the categories of membership are as follows: –
(a) Junior Playing Member. (17 years and under). Entrance fee and annual subscription is included in Club fees. A Junior Playing Member has no voting rights.
(b) Senior Playing Member. (18 years and over). Entrance fee and annual subscription is included in Club fees. A Senior Playing Member has voting rights.
(c) Life Member. A Life Member is exempt from paying the entrance fee but pays annual subscription and has voting rights.
(d) Non Playing Member which consists of Coaches and Assistant Coaches, and Parent/s and/or Guardian/s of Junior Players, Committee and Coordinators. A Non Playing Member is exempt from paying an entrance fee and annual subscription. They only have voting rights if they have attained the age of 18 years and they are Parent/s and/or Guardian/s of financial Junior Playing Members.
(e) Patron Members. A person may apply for a Patron Membership if they do not fit any other category. A Patron Member has voting rights if he or she has paid the entrance fee and annual subscription and has attained the age of 18 years.
4. Junior Players and Senior Players must be members of the Club.
5. Club By-Laws
The Club will have By-Laws, which on the recommendation of the committee may be amended by resolution at the annual general meeting or any general meeting of the Club convened in accordance with these Rules.
6. The Club fees
The Club fees, the entrance fees and annual subscription shall be determined by the committee.
7. Alteration of the rules
(a) These Rules and the statement of purposes of the Club must not be altered except by special resolution at a general meeting in accordance with the Act.
(b) Twenty-one (21) day’s notice of a special resolution must be given in accordance with these Rules.
(c) A special resolution is confirmed if, at the annual general meeting, not less than a three-quarter majority of members voting either in person, or by proxy, in favour of a special resolution. In any other case, the special resolution is revoked. (Amended at AGM 6/8/2002).
8. Membership, entry fees and subscription
8.1 A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Club on payment of the entrance fee (if any) and annual subscription (if any) payable under these Rules.
8.2 A person who is not a member of the Club at the time of the incorporation of the Club (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless
(a) he or she applies for membership in accordance with sub-rule(3); and
(b) the admission as a member is approved by the committee
8.3 An application of a person for membership of the Club must-
(a) be made in writing;
(b) be lodged with the Secretary of the Club.
8.4 As soon as practicable after the receipt of an application, the Secretary must refer the application to the committee.
8.5 The committee must determine whether to approve or reject the application.
8.6 If the committee approves an application for membership, the Secretary must, as soon as practicable-
(a) notify the applicant in writing of the approval for membership: and
(b) request payment within 28 days after receipt of the notification of the sum payable under these Rules as the entrance fee (if any) and the first year’s annual subscription (if any).
8.7 The Secretary must, as soon as possible or within 28 days after receipt of the amounts referred to in sub-rule (6), enter the applicant’s name in the register of members.
8.8 An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.
8.9 If the committee rejects an application, the committee must, as soon as practicable, notify the applicant in writing that the application has been rejected.
8.10 A right, privilege, or obligation of a person by reason of membership of the Club-
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon the cessation of membership whether by death or resignation or otherwise.
8.11 The entrance fee is the relevant amount set out in Appendix 4.
8.12 The annual subscription is the relevant amount set out in Appendix 4 and is payable in advance on or before 1 January in each year.
8.13 Life Members. Any past or present member nominated by the Committee for outstanding service may be made a member of the Club by resolution at any annual general meeting. A Life Member shall have all rights and privileges attached to such membership for his or her lifetime.
9. Register of members
9.1 The Secretary must keep and maintain a register of members containing- (a) the name and address of each member; and (b) the date on which each member’s name was entered in the register.
9.2 The register is available for inspection free of charge by any member upon request.
9.3 A member may make a copy of entries in the register.
10. Ceasing membership
10.1 A member of the Club who has paid all moneys due and payable by a member to the Club may resign from the Club by giving one month’s notice in writing to the Secretary of his or her intention to resign.
10.2 After the expiry of the period referred to in sub-rule (1)-
(a) the member ceases to be a member; and
(b) the Secretary must record in the register of members the date on which the member ceased to be a member.
11. Discipline, suspension and expulsion of members
11.1 Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming of a member or prejudicial to the interests of the Club, the committee may by resolution.
(a) fine that member an amount not exceeding £50; and/or
(b) suspend that member from membership of the Club for a specified period; or
(c) expel that member from the Club.
11.2 A resolution of the committee under sub-rule (1) does not take effect unless-
(a) at a meeting held in accordance with sub-rule (3), the committee confirms the resolution; and
(b) if the member exercises a right of appeal to the Club under this rule, the Club confirms the resolution in accordance with this rule.
11.3 A meeting of the committee to confirm or revoke a resolution passed under sub-rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (4).
11.4 For the purposes of giving notice in accordance with sub-rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice-
(a) setting out the resolution of the committee and the grounds on which it is based; and
(b) stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that he or she may do one or both of the following-
(i) attending that meeting; or
(ii) give to the committee before the date of that meeting a written statement seeking the revocation of the resolution; and
(e) informing the member that, if at that meeting, the committee confirms the resolution, he or she may not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club in general meeting against the resolution.
11.5 At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (1), the committee must-
(a) give the member, or his or her representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
11.6 If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club at general meeting against the resolution.
11.7 If the Secretary receives a notice under sub-rule (6), he or she must notify the committee and the committee must convene a general meeting of the Club to be held within 21 days after the date on which the Secretary received the notice.
11.8 At a general meeting of the Club convened under sub-rule (7)-
(a) no business other than the question of the appeal may be conducted; and
(b) the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member, or his or her representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
11.9 A resolution is confirmed if, at the general meeting, not less than a majority of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
12. Disputes and mediation
12.1 The grievance procedure set out in this rule applies to disputes under these Rules between-
(a) a member and another member; or
(b) a member and the Club.
12.2 The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
12.3 If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
12.4 The mediator must be-
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement –
(i) in the case of a dispute between a member and another member, a person appointed by the committee of the Club;
12.6 The mediator cannot be a member who is a party to the dispute.
12.7 The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
12.8 The mediator, in conducting the mediation, must-
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
12.9 The mediator must not determine the dispute.
12.10 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
13. Annual general meetings
13.1 The committee may determine the date, time and place of the annual general meeting of the Club.
13.2 The notice convening the annual general meeting must specify that the meeting is an annual general meeting.
13.3 The ordinary business of the annual general meeting shall be-
(a) to confirm the minutes of the previous annual general meeting and of any general meeting held since that meeting; and
(b) to receive from the committee reports upon the transactions of the Club during the last preceding financial year; and
(c) to elect officers of the Club and the ordinary member of the committee; and
(d) to receive and consider the statement submitted by the Club in accordance with section 30(3) of the Act.
13.4 The annual general meeting may conduct any special business of which notice has been given in accordance with these Rules.
14. Special general meetings
14.1 In addition to the annual general meeting, any other general meeting may be held in the same year.
14.2 All general meetings other than the annual general meeting are special general meetings.
14.3 The committee may, whenever it thinks fit, convene a special general meeting of the Club.
14.4 If, but for this sub-rule, more than 15 months would elapse between annual general meetings, the committee must convene a special general meeting before the expiration of that period.
14.5 The committee must, on the request in writing of members representing not less than 5 per cent of the total number of members, convene a special general meeting of the Club.
14.6 The request for a special general meeting must- (a) state the objects of the meeting; and (b) be signed by the members requesting the meeting; and (c) be sent to the address of the Secretary.
14.7 If the committee does not cause a special general meeting to be held within one month after the date on which the request is hand delivered to the Secretary, the members making the request, may convene a special general meeting to be held not later than 3 months after that date.
14.8 If a special general meeting is convened by members in accordance with this rule, it must be convened by the committee and all reasonable expenses incurred in convening the special general meeting must be refunded by the Club to the persons incurring the expenses.
15. Special business
All business that is conducted at a special general meeting and all business that is conducted at the annual general meeting, except for business conducted under the rules as ordinary business of the annual general meeting, is deemed to be special business.
16. Notice of general meetings
16.1 The Secretary of the Club, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a general meeting of the Club, must cause to be sent to each member of the Club, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.
16.2 Notice may be sent-
(a) by prepaid post to the address appearing in the register of members; or
(b) by hand delivery to the Member personally or left at the Member’s address as shown in the register of members.
16.3 No business other than that set out in the notice convening the meeting may be conducted at the meeting.
16.4 A member intending to bring any business before a meeting must notify in writing, the Secretary of that business. The Secretary must, if the Committee agrees, include that business in the notice calling the next general meeting. If the Committee does not agree to the member’s request (which must be noted in the Committee Meeting Minutes) the Secretary must notify the member in writing.
16.5 The accidental omission to give notice to, or the non-receipt of notice by any member shall not invalidate the proceedings of any general meeting.
17. Quorum at general meetings
17.1 No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considered that item.
17.2 Five members personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct of the business of a general meeting.
17.3 If, within half an hour after the appointment time for the commencement of a general meeting, a quorum is not present-
(i) in the case of a meeting convened upon the request of members- the meeting must be dissolved; and
(ii) in any other case- the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.
17.4 If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than 3) shall be a quorum.
18. Presiding at general meetings
18.1 The Chairperson, or in the Chairperson’s absence, the Vice-Chairperson, shall reside as Chairperson at each general meeting of the Club.
18.2 If the Chairperson and the Vice-Chairperson are absent from a general meeting, or are unable to preside, the members present must select one of their number to preside as Chairperson.
19. Adjournment of meetings
19.1 The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.
19.2 No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.
19.3 If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule 12.
19.4 Except as provided in sub-rule (13), it is not necessary to be given notice of an adjournment or of the business to be conducted at an adjourned meeting.
20. Voting at general meetings
20.1 Upon any question arising at a general meeting of the Club, a member has one vote only.
20.2 All votes must be given personally or by proxy.
20.3 In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
20.4 A member is not entitled to vote at a general meeting unless all moneys due and payable by the member to the Club have been paid, other than the amount of the annual subscription payable in respect of the current financial year.
21. Poll at general meetings
21.1 If at a meeting a poll on any question is demanded by not less than (three) 3 members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
21.2 A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.
22. Manner of determining whether resolution carried
If a question arising at a general meeting of the Club is determined on a show of hands
- a declaration by the Chairperson that a resolution has been-
- carried; or
- (ii) carried unanimously; or
- (iii) carried by a particular majority; or (iv) lost; and
(b) an entry to that effect in the minute book of the Club –
is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
23. Proxies
23.1 Each member is entitled to appoint another member as a proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
23.2 The notice appointing the proxy must be-
(a) for a meeting of the Club convened under rule 7(7), in the form set out in Appendix 2; or
(b) in any other case, in the form set out in Appendix 3.
24. Committee of Management
24.1 The affairs of the Club shall be managed by the committee of management.
24.2 The committee-
(a) shall control and manage the business and affairs of the Club; and
(b) may, subject to these Rules, the By-Laws, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Club other than those powers and functions that are required by these Rules to be exercised by general meetings of the members of the Club; and
(c) subject to these Rules, the By-Laws, the Act and the Regulations, has power to perform all such acts and things as appear to the committee to be essential for the proper management of the business and affairs of the Club.
24.3 Subject to section 23 of the Act, the committee shall consist of-
(a) the officers of the Club; and
(b) at least five (5) ordinary members with a maximum of nine (9) ordinary members- each of whom shall be elected at the annual general meeting of the Club in each year.
24.4 In the event of any questions not provided for in these Rules or the By-Laws of the Club, the committee of management has the power to decide the questions.
24.5 Sub-Committees – the committee of management may at any meeting form sub-committees of Club members to pursue any purposes of the Club and the committee shall be empowered to co-opt to such sub-committees any Club members. Sub-committees powers are limited to making recommendations to the committee.
25. Office holders
25.1 The officers of the Club shall be-
- Chair | Head Coach
- Treasurer | Finance Officer
- Secretary | Administrator
- Safeguarding | Welfare Officer
25.2 The provisions of rule 23, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any other offices referred to in sub-rule (1).
25.3 Each officer of the Club shall hold office until the annual general meeting next after the date of his or her election but is eligible for re-election.
25.4 In the event of a casual vacancy in any office referred to in sub-rule (1), the committee may appoint one of its members to the vacant office and the member appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.
26. Ordinary members of the committee
26.1 Subject to these Rules, each ordinary member of the committee shall hold office until the annual general meeting next after the date of election but is eligible for re-election.
26.2 In the event of a casual vacancy occurring in the office of an ordinary member of the committee, the committee may appoint a member of the Club to fill the vacancy and the member appointed shall hold office, subject to these Rules, until the conclusion of the annual general meeting next following the date of the appointment.
27. Election of officers and ordinary committee members
27.1 Nominations of candidate members for election of officers of the Club or as ordinary members of the committee, who are of the age of 18 years or more and entitled to vote, must be-
(a) made in writing, signed by two members of the Club and accompanied by the written consent of the candidate member(which may be endorsed on the form of nomination); and
(b) delivered to the Secretary of the Club not less than seven (7) days before the date fixed for the holding of the annual general meeting.
27.2 A candidate may only be nominated for one office, or as an ordinary member of the committee, prior to the annual general meeting.
27.3 If insufficient written nominations are received to fill all vacancies on the committee, further nominations for those positions still vacant, may be accepted from the floor at the annual general meeting.
27.4 If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
27.5 If the number of nominations exceeds the number of vacancies to be filled, a ballot must be held.
27.6 The ballot for the election of officers and ordinary members of the committee must be conducted at the annual general meeting in such manner as the committee may direct.
27.7 If written nominations and nominations called for from the floor at the Annual General Meeting are insufficient, the candidates nominated shall be deemed to be elected. Members may then be canvassed to fill vacant positions and may fill these positions if agreed to by the committee.
28. Vacancies
The office of an officer of the Club, or of an ordinary member of the committee, becomes vacant if the officer or member-
(a) ceases to be a member of the Club; or
(b) becomes an insolvent under administration within the meaning of the Corporations Law; or
(c) resigns from office by notice in writing given to the Secretary.
29. Meetings of the committee
29.1 The committee must meet at least three (3) times in each year at such place and such times as the committee may determine.
29.2 Special meetings of the committee may be convened by the Chairperson or by any seven (7) members of the committee.
30. Notice of committee meetings
30.1 Written notice of each committee meeting must be given to each member of the committee at least two business days before the date of the meeting.
30.2 Written notice must be given to members of the committee of any special meeting specifying the general nature of the business to be conducted and no other business may be conducted at such a meeting.
31. Quorum for committee meetings
31.1 Any seven (7) members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.
31.2 No business may be conducted unless a quorum is present.
31.3 If within half of hour of the time appointed for the meeting a quorum is not present-
(i) in the case of a special meeting- the meeting lapses;
(ii) in any other case- the meeting shall stand adjourned to the same place and the same time and day in the following week.
31.4 The committee may act notwithstanding any vacancy on the committee.
32. Presiding at committee meetings
At meetings of the committee-
(a) the Chairperson or, in the Chairperson’s absence, the Vice-Chairperson presides; or
(b) if the Chairperson and the Vice-Chairperson are absent, or are unable to preside, the members present must choose one of their number to preside.
33. Voting at committee meetings
33.1 Questions arising at a meeting of the committee, or at a meeting of any subcommittee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.
33.2 Each member present at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
34. Removal of committee member
34.1 The Club in general meeting may, by resolution, remove any member of the committee before the expiration of the member’s term of office and appoint another member in his or her place to hold office until the expiration of the term of the first-mentioned member.
34.2 A member who is the subject of a proposed resolution referred to in sub-rule (1) may make representations in writing to the Secretary or Chairperson of the Club (not exceeding a reasonable length) and may request that the representations be provided to the members of the Club.
34.3 The Secretary or the Chairperson may give a copy of the representations to each member of the Club or, if they are not so given, the member may require that they be read out at the meeting.
34.4 Any Committee member who is absent from three (3) meetings between Annual General Meetings may be discharged at the committees discretion.
35. Minutes of meetings
35.1 The Secretary of the Club or any other committee member appointed by the committee must keep minutes of the resolutions and proceedings of each general meeting, and each committee meeting, together with a record of the names of persons present at committee meetings.
34.2 The Secretary of the Club or any other committee member appointed by the committee must issue minutes of the committee meeting, to all committee members and these minutes must be given to each committee member at least two (2) business days before the date of the next committee meeting.
36. Funds
36.1 The Treasurer of the Club must-
(a) collect and receive all moneys due to the Club and make all payments authorised by the Club; and
(b) keep correct accounts and books showing the financial affairs of the Club with full details of all receipts and expenditure connected with the activities of the Club.
36.2 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by two members of the committee.
36.3 The funds of the Club shall be derived from entrance fees, annual subscriptions, Club fees, donations and such other sources as the committee determines.
36.4 The Treasurer of the Club must at each committee meeting, hand to all committee members a written financial status report of the Club stating the current finances of the Club.
36.5 If the Treasurer of the Club is unable to attend a committee meeting, he/she must ensure that the current written financial report is handed/forwarded to another committee member so it can be presented at the committee meeting.
37. Seal
37.1 The common seal of the Club must be kept in the custody of the Secretary.
37.2 The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of two (2) members of the committee or, of one member of the committee and of the public officer of the Club.
38. Notice to members
Except for the requirement in rule 16, any notice that is required to be given to a member, by or on behalf of the Club, under these Rules may be given by-
(a) delivering the notice to the member personally or by leaving the notice at the member’s address shown in the register of members; or
(b) sending it by prepaid post addressed to the member at that member’s address shown in the register of members; or
(c) facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or
(d) electronic transmission, if the member has requested that the notice be given to him or her in this manner.
39. Winding up
In the event of the winding up or the cancellation of the incorporation of the Club, the assets of the Club must be disposed of in accordance with the provisions of the Act and all assets are to be given to a registered charity after all due accounts have been paid.
40. Custody and inspection of books and records
(1) Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Club.
(2) All accounts, books, securities and any other relevant documents of the Club must be available for inspection free of charge by any member upon request.
(3) A member may make a copy of any accounts, books, securities and any other relevant documents of the Club.