Constitution 1 of 2

1. Present Constitution


LASSWADE RUGBY FOOTBALL CLUB

CONSTITUTION

1. NAME

1.1. The Club shall be called "Lasswade Rugby Football Club" (hereinafter called "the Club") and shall be affiliated to the Scottish Rugby Union. The purposes of the Club are to promote the amateur sport of rugby football in Bonnyrigg and Lasswade, and community participation in the same.

2. MEMBERSHIP

2.1. Subject to the following paragraph and other provisions in this section and except where permitted by law,membership of the Club shall be open to anyone interested in the sport on application regardless of sex, disability, ethnicity, nationality, sexual orientation, religion or other lawful beliefs.

2.2. Applications for "Full Playing" and "Full Non Playing" Membership will normally only be accepted from people who

a. intend to play rugby for the Club or

b. have played for the Club and been full members in the past or

c. have played and been a full member at another rugby club and now wish to join the Club or

d. have or had a substantial personal involvement (in time and effort) in the provision and development of rugby at the Club

2.3. The Club shall havethe following classes of membership:-

2.3.1. FULL PLAYING MEMBERS, who must be over the age of 16, and who are able to vote at Club meetings and to hold position as Office-Bearers and Committee Members.

2.3.2. FULL NON-PLAYING MEMBERS, who must be aged 16 or over and shall have the same entitlements as at Section 2.3.1 above.

2.3.3. ASSOCIATE MEMBERS who are parents/carers of Under 16 players and who must be aged 18 years or over

2.3.4. SOCIAL MEMBERS who must be aged 18 years or over.

2.3.5 CORPORATE MEMBERS who must be 18 years or over and appointed by Committee.

2.3.6. UNDER 21 FULL PLAYING MEMBERS who must be over 18 and under 21 years of age and shall have the same entitlements as at section 2.3.1. above.

2.3.7. SENIOR PLAYING MEMBERS who must be over the age of 35 and will be restricted to the playing of 6 games per season. They shall have the same entitlements as at section 2.3.1. above.

2.4. With the exception of Section 2.3.1persons under the age of 18 shall not be admitted to membership of the Club.

2.5. Approved applicants become members on payment of the Annual Subscription applying to their class of membership. New members whose application is approved after 15 April who pay their subscription at the existing rate will be deemed to have paid for the following year.

2.6. The subscription for all classes of membership shall be set at each Annual General Meeting for the ensuing year and will become payable within two weeks of each such meeting. Any proposed change to the rates of subscription shall be notified to members on the notice calling the Annual General Meeting.

2.7. Honorary Life Members, exempt from further subscription may be elected by a simple majority at any Annual General Meeting in recognition of exceptional services to the Club. Twenty-one days notice of any nomination, which must be proposed and seconded by Full members, must be given to the Secretary prior to the Annual General Meeting.

2.8. Temporary Members: All members and officials of visiting clubs will be considered temporary members of the Club during the day of their visit. The names and addresses of all such visiting members and officials will be entered in a Register kept within the Club for that purpose.

3. OFFICE BEARERS

3.1. The Office-Bearers of the Club shall be President, two Vice-Presidents, Immediate Past President, Secretary, Treasurer, Team Secretary, Fixture Secretary, Captain and Vice-Captain of the 1stXV.

3.2. In addition the A.G.M. may appoint an Honorary President and Honorary Vice-Presidents

4. COMMITTEE

4.1. The affairs of the Club shall be managed by a Committee, elected as per Section 6 consisting of the Office-Bearers in Section 3.1 above, and a number of other members not exceeding eight, of whom at least three shall be non-playing members.

4.2. Committee members will hold office for a period of one year, and shall be eligible for re-election.

4.3. In the event of the resignation of a committee member, or of a team Captain or Vice-Captain, the Committee or team concerned, as the case may be, shall elect a replacement.

4.4. Six members shall form a quorum.

4.5. The Committee shall have the power to demand the resignation from their body of any member whom they consider:

a. to have acted prejudicially to the Club's interests, or

b. has regularly failed to attend Committee meetings.

c. The Committee shall meet at least once a month.

4.6. The Committee shall have power to appoint Sub-Committees with full powers to deal with matters competent to them, and as authorised by full Committee. All Sub-Committees shall be responsible to the full Committee for their actions.

4.6.1. In particular, the Committee shall have a Membership and Discipline Sub- Committee, to be convened as required, to deal with any appeals relating to membership applications and any disciplinary matters. Membership of the Sub-Committee shall consist of

a. the President or a Vice-President or Immediate Past President who will Chair any meetings and

b. at least two other Committee members.

5. PROPERTY AND FUNDS

5.1. 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 are re-invested in the Club.

5.2. 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 Finance Act, 2002.

5.3. 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 (though not for playing) 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

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).

5.4. The Committee will have due regard to the law on disability discrimination and child protection.

5.5. The property of the Club shall be vested in the Committee (as Trustees for the members) for the time being. The Club shall be entitled to purchase or acquire heritable property or to enter into a lease of heritable property, subject to the approval of a majority of the full members at a General Meeting.

5.6. The Club may also incur capital expenditure on such property subject also to such expenditure being approved by a majority of the full members at a General Meeting. The title to any such property acquired by or leased to the Club shall be taken in the names of the President, Secretary and Treasurer for the time being as trustees ex-officio for the Club and their respective successors in office.

5.7. A Certificate by the secretary of the Club for the time being giving the names of such officials shall be sufficient identification of the holders of such offices.

5.8. The whole assets, property and effects of the Club shall belong to the full members equally during membership, but the right and interest of every full member shall be purely personal, not assignable, nor attachable, and shall expire with his membership and not pass to his heirs or executors.

6. GENERAL MEETINGS

6.1. The Annual general Meeting, chaired by the Club President, or in his absence, a replacement nominated by the Committee, shall be held as soon after the end of the financial year as the Committee deem practicable.

6.2. At this meeting the Office-Bearers and Committee members for the following season shall be elected and the Independent Examiner appointed.

6.3. An Extraordinary General Meeting, chaired by the Club President, or in his absence, a replacement nominated by the Committee may be called by the Committee when they deem it necessary.

6.4. An Extraordinary General Meeting must be called if the Secretary is presented with a requisition signed by twenty-five Full members. Any decision of the Committee can be reversed by a simple majority of full members present at the General Meeting called for that purpose. The Chairman of such meetings shall be appointed by the Full members present.

6.5. At any General meeting twenty-five Full members shall form a quorum.

6.6. Full members shall receive at least 21 days notice of the A.G.M. and three days notice of an E.G.M. which must be held within 21 days of the Secretary receiving a valid requisition.

6.7. At any General Meeting each Full member present shall have one vote. The Chairman of the meeting shall, in addition, have a casting vote.

7. FINANCIAL YEAR

7.1. The financial year shall end on 30thApril and the accounts, prepared by the Committee, reviewed by an Independent Examiner, approved by the Committee, shall be presented to members at the Annual General Meeting. Copies of the Accounts shall be made available at the Clubhouse 7 days before the AGM and shall be posted to members who specifically request it.

8. DISCIPLINE

8.1. All members and their guests

(a) will treat all staff, other members, visitors, guests and any users of the Club facilities with respect and in accordance with existing law and without discrimination on any grounds

(b) will not behave in any manner likely to

(i) cause damage or loss to the Club,

(ii) bring the Club into disrepute,

(iii)affect the Club's status as an amateur sports Club

(iv) adversely affect the Club's ability to hold a Licence under the Licensing (Scotland) Act.

(c) will observe the terms of any Code of Conduct that the Committee may adopt and publish

8.2. Breaches of discipline will be referred to the Membership and Discipline Sub-Committee which, having investigated the circumstances, shall have the power to suspend or expel the member from the Club. If the alleged behaviour constitutes repeated or gross misconduct any Office Bearer of the Club can suspend the person's membership until full consideration by the Sub-Committee.

8.3. Any such member shall have the right of appeal in person to the Committee whose decision shall be final. Any expelled member shall forfeit all claims to Club property and privileges.

9. DRESS

9.1. The dress of the Club shall be red jerseys with a white-edged black band, black shorts and red stockings with black tops.

10.RESIGNATION

10.1. Any member wishing to resign must intimate to the Secretary in writing before the Annual General Meeting, otherwise he shall be liable for subscription for the following year.

11.CONSTITUTION

11.1. A copy of the Constitution shall be displayed prominently at all times on the Club notice board for consultation of the members. Any alteration to the Constitution can only be made at the Annual General Meeting by a simple majority or by a two-thirds majority at an Extraordinary General Meeting called for the Purpose. Notice of the proposed alteration must be handed in writing to the Secretary 14 days prior to the meeting and circulated by him to all full members within 7 days.

12.TREASURY

12.1. Monies belonging to the Club shall be deposited in any Bank chosen by the Treasurer and shall be drawable only on the signature of two out of six members as may, from time to time, be appointed by the Committee.

12.2. The Treasurer must not hold more than one hundred and fifty pounds sterling in cash - any excess must be banked on the next working day.

12.3. The Treasurer must submit a monthly financial statement to the Committee throughout the year.

12.4. The treasurer shall havethe power to overdraw the Club Bank Accounts as may, from time to time, be deemed necessary. Such overdrafts must not exceed £5,000.00 in total unless authorised by a General Meeting of the Club.

12.5. The Treasurer shall keep correct accounts and books showing the financialaffairs and intromissions of the Club.

13.BORROWING POWERS

13.1. With the exception of 12(d) above and of normal credit trading arrangements, the Committee shall have no power to borrow money whatsoever, unless authorised at any General Meeting of the Club.

14.LICENCE

14.1. The Committee shall have the power to provide a Clubroom for the sale of alcoholic liquor at "Hawthornden', Rosewell Road, Bonnyrigg. The Clubroom shall be conducted in accordance with the provisions of the Licensing (Scotland) Acts for the time being in force.

14.2. No alcoholic liquor shall be sold or supplied to persons under the age of 18, whether a member of the Club or not, within the Club premises.

14.3. Use of the Club rooms shall be restricted to (1) Members of the Club, (2) Guest players and players and officials of visiting teams who have been awarded temporary membership of the Club under Rule 2(e) and (3) visitors introduced by members as aforementioned.

14.4. No visitor shall be supplied with alcoholic liquor in the Club premises unless on the invitation and in the company of a member. Upon the admission of any visitor to the Club premises or immediately on his being supplied with the alcoholic liquor, the member who has invited him shall enter his own name and address and the name and address of the visitor and the date of the visit in a Visitors' Book which shall be kept for this purpose. No member may sign more than ten visitors at any one time, except as provided for in (e) below. A visitor shall not be permitted to make payment either directly or indirectly for alcoholic liquor supplied to him.

14.5. Private functions must be booked in advance by a member of the Club. All guests at the function must be signed in and accompanied by that member for the duration of that function.

14.6. No alcoholic liquor shall be sold or supplied in the Club premises for consumption off the premises except to a member of the Club in person, for consumption by him, and no alcoholic liquor shall be sold on Sundays for consumption off the premises at all.

14.7. No official of the Club or any member of the General Committee shall have any personal interest in the sale of alcoholic liquor within the Club premises or in the profits arising from such sale.

15.PROVISION FOR WINDING UP OF THE CLUB

15.1. The members may vote to wind up the Club if not less than three-quarters of those present and voting, support that proposal at a properly convened general meeting. In the event of the Club being wound up, after all outstanding debts are paid; any remaining funds should be used to further sport in the area.

16. PRIORTY

16.1. Where there is any conflict between the terms of this Constitution and any other rules, the terms of this Constitution will take priority. Interpretation of all the Rules must be consistent with the statutory requirements for Community Amateur Sports Clubs (as first provided by the Finance Act, 2002.

Amended 11.06.08 (Clause 7).

Amended 9.06.10 (Various amendments)

Amended 15 June 2011 (Sections 2, 4 and 8)
Amended 28 June 2016 AGM (Sections 2.5 and 2.6)
Amended 13 June 2018 AGM (Section 2.3)
Amended 12 June 2019 AGM (Section 2.3)