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EXETER GYMNASTICS
CLUB
CONSTITUTION
1. TITLE
The name of the club constituted by these presents shall
be "EXETER GYMNASTICS CLUB"(hereinafter called the club).
2. OBJECTS
(a)To organise or provide or assist in the organisation or provision
of a facility which will enable and encourage students of schools
and universities to undertake gymnastics and other forms of physical
education which assist in ensuring that due attention is given to
the physical education and development of such students as well
as to the development and occupation of their minds and with a view
to furthering this object.
(i) To provide or assist in the provision of gymnastics and sports
equipment for the use of such students as aforesaid.
(ii) To provide or assist in the provision of courses, lectures,
demonstrations and coaching for pupils of schools for the inhabitants
of Exeter, Devon and adjoining counties (hereinafter called the
'Area of Benefit') and for teaches and coaches who organise or supervise
the performance and coaching of gymnastics.
(iii) To promote provide or assist
in the promotion and provision of the training of teachers and coaches
for the purpose of training gymnastics at schools and clubs.
(iv) To lay-out manage equip and maintain the gymnastics facility
vested in the Trustees for the teaching and training of gymnastics.
(b) To organise or provide or
assist in the organisation or provision of the facility for physical
recreation in the interests of social welfare for any part of the
Area of Benefit with the object of improving the conditions of life
for boys and girls who are under the age of 18 years and who by
reason of their youth or social or economic circumstances have a
need of such a facility.
(c) To relieve handicapped children
in the Area of Benefit and to lay-out manage equip and maintain
a facility for handicapped children who can by the provision of
such specialist equipment and design be able to undertake activities
under safe condition and with teachers and coaches trained to cater
for the special needs of such handicapped children.
(d) In furtherance of the above-mentioned
objects but not further or otherwise the Club shall have the following
powers:-
(i) To encourage and promote the sport of gymnastics by and for
the benefit of members of the club who shall be amateurs,
(ii) The observance and administration of the rules of the British
Amateur Gymnastics Association,
(iii) The furtherance and improvement
of the knowledge of all aspects of gymnastics.
3. MEMBERSHIP
(a) Persons of any age may apply
for membership of the Club.
(b) Applicants selected for membership
and members of any gymnastics club operating in premises owned by
or on behalf of the Club shall become members on payment of any
subscriptions.
(c) The committee may award Honorary
Membership to persons who in the opinion of the committee merit
such award because of their contribution to the club or to the sport
of gymnastics.
(d) Parents or guardians of members
and coaches and their assistants shall automatically become members
of the Club and henceforth in these Rules the following terms shall
have the following meaning:-
"Gymnast” means
a member admitted under Rules 3(a) and 3(b)
"Parent" means the parents
or guardians of a gymnast.
"Coach" means a person
responsible for or assisting with the organisation of coaching within
the club or of any gymnastics club operating in premises owned by
or on behalf of the Club.
"Member" means
a gymnast, parent or coach.
"Adult Member"
means a Parent, Coach or Honorary Member
.4. SUBSCRIPTIONS
The level of subscriptions for
each class of member shall be determined at each Annual General
Meeting and such meeting shall also determine the method and frequency
of payment of such subscriptions if required.
5. CLUB COMMITTEE
The Club shall be administered
by an Executive Committee of Trustees in accordance with the Charities
Act 1993 and shall consist of not more than 12(twelve) members:-
(a) Chairman
(b) Vice Chairman
(c) Secretary
(d) Treasurer
(e) Minutes Secretary
(f) At least two parents who are not coaches
(g) Not more than two voluntary coaches
With the exception of a Holding
Trustee who is an elected member of the Executive Committee the
Holding Trustees shall not be members of the Executive Committee
but one or more may be invited to attend meetings of the Executive
Committee as advisers in a non-voting capacity.
The Executive Committee shall have the power to create one or more
sub-committees consisting of one or more Executive Committee members
as need be co-opted for the purpose of 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. All acts
and proceedings of any such sub-committee shall be reported to the
Executive Committee.
The Coaching Director and/or his
representative shall not be members of the Executive Committee but
shall be invited to attend as advisors in a non-voting capacity.
Nobody shall be appointed as a
member of the Executive Committee who is aged under 18.
The Executive Committee may in
addition appoint not more than three co-opted members but so that
no one may be appointed if, as a result, more than one third of
the members of the Executive Committee would be co-opted members.
Each appointment of a co-opted member shall be made at either the
Annual General Meeting or a special Executive Committee called under
Clause 10 and shall take effect from the end of that meeting unless
the appointment is to fill a place which has not then been vacated
in which case the appointment shall run from the date when the post
becomes vacant.
6. TENURE OF MEMBERSHIP OF THE COMMITTEE
The committee shall be elected
annually at the Annual General Meeting from amongst the adult members
of the Club. Retiring members of the committee shall be eligible
for re-election.
7. CHAIRMAN OF ANNUAL GENERAL MEETING OR EXTRAORDINARY GENERAL
MEETING
The Chairman or in his absence
the Vice Chairman shall preside at the Annual General Meeting or
any Extraordinary General Meeting. In the absence of both the Chairman
and Vice Chairman a Chairman shall be elected from among those present
by a majority vote.
8. COMMITTEE VACANCIES
Casual vacancies on the committee
shall be filled by invitation of the remainder of the Committee.
9. COMMITTEE MEETINGS
A quorum for all meetings shall
be five. The committee shall meet at least once every two calendar
months. A special Executive Committee meeting may be called to consider
the appointment of co-opted members upon not less than 21 days notice
being given to the other members of the committee.
10. NOTICE OF ANNUAL GENERAL MEETING
The Annual General Meeting shall
be held in November of each year. Notice convening the meeting shall
be circulated to all Adult Members or displayed on the Club notice
board for at least 14 days before the meeting.
11. BUSINESS OF ANNUAL GENERAL MEETING
a) Approval of minutes of last
Annual General Meeting and matters arising
b) Chairman’s Report
c) Secretary’s Report
d) Treasurer Report and Adoption
of Prepared Statement of Accounts
e) Coaching Director's Report
f) Matters arising
g) Election of Committee for
the following year
h) Any Other Business
12. EXTRAORDINARY GENERAL MEETING
An Extraordinary General Meeting
may be convened at any time by the Committee or shall be convened
within 21 days from the receipt by the secretary of a written requisition
signed by not less than ten Adult Members who shall submit the reason
for such a meeting. Not less than 14 days notice of such a meeting
shall be given to all Adult Members or displayed on the Club notice
board.
13. ATTENDANCE AND VOTING AT GENERAL MEETINGS
All Adult Members of the Club
shall be entitled to attend Annual or Extraordinary General Meetings.
A quorum shall be 10 Adult Members. Where two or more nominations
for one office are received the voting shall be by ballot of Adult
Members unless the nominees agree to a show of hands. Voting shall
be limited to one per Adult Member. At all meetings the Chairman
of the meeting shall have the casting as well as the deliberative
vote.
14. HOLDING TRUSTEES
There shall be not more than four
or less than two Holding Trustees of the Club. The first Holding
Trustees shall be appointed by the Committee and the property of
the Club (other than cash which shall be under the control of the
Treasurer) shall be vested in them to be dealt with as the Committee
shall from time to time direct by Resolution (of which an entry
in the Minute Book shall be conclusive evidence). Provided 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. The Holding Trustees shall hold office
until death or resignation or until removed from office by a Resolution
of the Committee who may for any reason which may seem sufficient
to a majority of the whole Committee at any meeting remove any Holding
Trustees from the office of Holding Trustee. Where by reason of
any such death resignation or removal it shall appear necessary
to the Committee that a new Holding Trustee or Holding Trustees
shall be appointed or if the Committee shall deem it expedient to
appoint an additional Holding Trustee or Holding Trustees the Committee
shall by Resolution nominate the person or persons to be appointed
to the new Holding Trustee or Holding Trustees. For the purpose
of giving effect to such nomination the Chairman is hereby nominated
as the person to appoint new Holding Trustees of the Club within
the meaning of Section 36 of the Trustee Act 1925 and he shall by
deed duly appoint the person or persons so nominated by the Committee
as the new Holding Trustee or Holding 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 bona fide and for value with the Club or the
Committee be conclusive evidence of the fact stated.
15. INCOME AND PROPERTY
The income and property of the
Club whensoever derived shall be applied solely to promote the objects
of the Club as set out in this constitution.
16. DISSOLUTION
The Club may be dissolved by a
resolution passed by a two-thirds majority of those present and
voting at a Special General Meeting convened for the purpose of
which 21 days notice shall have been given to the members. Such
resolution may give instruction for the disposal of any assets held
by or in the name of the Club, provided that if any property remains
after the satisfaction of all debts and liabilities such property
shall not be paid to or distributed among members of the Club but
shall be given or transferred to such other charitable institutions
having objects similar to some or all of the objects of the Club
as the Club may determine and if and in so far as effect cannot
be given to this provision then to some other charitable purpose.
17. ALTERATIONS TO CONSTITUTION
No alterations or addition to
the Constitution shall be made except at an Annual General Meeting
with a Quorum of at least 10 Adult Members. In the case of the Annual
General Meeting article 10 or Extraordinary General Meeting article
12 must be complied with. No alteration or addition shall be made
to clause 2 (Objects), clause 16 (Dissolution or this clause without
the prior approval in writing of the Charity Commission and no alteration
shall be made which would have the effect of causing the Club to
cease to be a charity in law.
18. EXPULSION OF MEMBERS
The Committee shall have power
to expel any Adult Member who shall offend the Club Rules or whose
conduct shall in the opinion of the Committee render that person
unfit for membership of the Club. Before any such member is expelled
the Secretary shall give the Member seven days written notice to
attend a meeting of the Committee and shall inform the Member of
the complaints made against him.
No member shall be expelled without first having an opportunity
of appearing before the Committee and answering complaints nor unless
at least two - thirds of the Committee then present vote in favour
of expulsion.
No Member whose membership has
been terminated under this rule or who owes money to the Club shall
be introduced by any other Member as a visitor to any part of the
Club premises.
19. CLUB BYLAWS
The Committee shall have power
to make Bylaws for regulating the conduct and affairs of the Club
provided the same are not inconsistent with these Rules. Such Bylaws
shall be displayed in a conspicuous part of the Club premises and
shall be binding on all the Members.
Amendments to the Constitution adopted by Resolution at Annual General
Meeting, 16 November 1994 and by Resolution at Extraordinary Meeting,
8 March 1996.
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