RULES OF THE FORTY CLUB
1. The name of the Club shall be The Forty Club and the objects of the Club shall be the playing and the furthering of the game of cricket particularly against schools and youth sides. The Club is a non-profit making organisation. All surpluses shall be used to maintain or improve the Club’s facilities and to further its objects. Following winding-up or dissolution of the Club, any surplus shall be distributed to a non-profit making body engaged in the furtherance of the game of cricket.
2. The insignia of the Club shall be the Roman numerals XL inscribed in silver on a dark blue background. A subsidiary decoration shall be a badge in the form of a specially designed “Father Time” motif which shall be embroidered in silver on a dark blue background. The standard range of club colours shall include a tie, cricket cap, shirt and a sweater.
3. Appropriate variations or the use of other colours or designs may be approved by the Executive Committee in relation to normal cricket equipment or commemorative items.
MEMBERSHIP AND MEMBERS’ RIGHTS
4. Membership of the Club shall be awarded on election at the discretion of the Executive Committee to:-
a. Any cricketer aged 35 years or over (full member). The applicant will be over the age of 35 at the date of the application, shall pay the designated annual subscription and shall be eligible to take part in all formats of Forty Club cricket.
b. Any applicant over the age of 18 and under the age of 35 at the date of the application (associate member). The applicant will be between the ages of 18 and 35 at the date of application, shall pay the designated annual subscription and shall be eligible to take part in all formats of Forty Club cricket except the international Quadrangular Tournament, where there is a minimum age-limit.
c. Any person aged 35 years or over who has served or is serving cricket. School teaching staff members are offered free membership of the Forty Club. They are eligible to take part in all formats of Forty Club cricket.
d. Overseas Member. The applicant shall be resident overseas, by which is meant that they are in any given calendar year resident continuously overseas [ie outside the UK] for 6 months or more. They shall be over the age of 18 at the date of their application, and shall pay the designated annual subscription via a UK bank account. They shall be eligible to play in any Forty Club fixture, to play in the Inter District Tournament in the relevant district team based on their UK address, and to take part in overseas tours.
e. Life Member. Life Membership is available ONLY to overseas members. To become a Life Member, the successful applicant shall pay a single fee of £300.
f. Honorary Life Members. See paras 9 and 18 below.
g. Forty Club Golfing Society. Membership of the Golfing Society is open only to those who are already registered members of the Forty Club. They shall pay an annual subscription to the Golfing Society in addition to their Forty Club subscription.
5. Applicants for any form of membership must be proposed by a Forty Club member or the appropriate District Chairman based on the UK residential address of the applicant.
6. Any candidate who has not paid their initial subscription within two months of election (or within three months in the case of a candidate resident overseas) shall be deemed, except in special circumstances, to have relinquished their membership proposal and be unwilling to join.
7. Membership is subject to these Rules as amended from time to time and every member in accepting membership agrees to comply with and be governed by these Rules and by any regulations made under these Rules.
8. The rights and benefits of these classes of membership are as follows:
a. To play cricket for the Club.
b. To nominate a candidate for Club membership.
c. To receive notification of and attend General Meetings.
d. To vote at General Meetings.
e. To vote on any resolution proposed at a General Meeting.
f. To be eligible for election or appointment to the Executive or other Club Committee.
g. To nominate a Member for election to the Executive Committee.
h. To raise a matter for discussion at a General Meeting.
i. To join with other Forty Club members in requisitioning the Executive Committee to call a Special General Meeting.
j. To receive Club correspondence and publications.
9. Honorary Life Members. There are four categories of Honorary Member:
a. The President for his term of Office.
b. Honorary Life Members. Nominated and recommended by the Executive Committee and approved at an Annual General Meeting [see para 18]..
c. Honorary Fellows [see para 18]. Nominated and recommended by the Executive Committee and approved at an AGM. This award may be made to any member of the Club who, in the opinion of the Executive Committee, has done great service for the Club over many years.
d. Life Vice President. [see para 18]. Nominated and recommended by the Executive Committee and approved at an Annual General Meeting. This honour may be awarded to any member of the Club who, in the opinion of the Executive Committee, has done great service for the Club over many years as an Officer of the Club.
10. Termination and Reinstatement of membership.
a. Resignation. Any Member may resign from the Club at any time by giving notice in writing to the Honorary General Secretary.
i. Members who are Officers of the Club or who hold Specific Appointments. In the case of Officers of the Club, Committee Chairmen, District Chairmen and others with specific appointments, their notice will become effective on the day before the next Annual General Meeting or sooner if the Executive Committee confirms, to the resigning member in writing, that notification of resignation has been received and accepted.
ii. For Ordinary Members their notice of resignation will become effective 28 days from the date of receipt or at midday the day before the next General Meeting whichever is the sooner.
iii. In no event will the Club refund any part of an annual subscription, joining fee or other monies paid by the Member.
b. Withdrawal of Membership. The membership of any member whose conduct is no longer considered by the Executive Committee to be consistent with the privileges of membership or the objects of the Club may, after due consultation with the member concerned, be suspended or have his/her membership withdrawn. Any member whose membership is suspended or withdrawn will forfeit all their rights and privileges of membership but without prejudice to any liabilities or obligations that they may have at the time.
c. Reinstatement of Membership. The Executive Committee may, subject to any conditions that it sees fit to impose, approve the reinstatement of membership for any member whose membership was terminated temporarily or otherwise by suspension, resignation or withdrawal.
11. Expulsion, Suspension and Reprimand
a. Infringement of Rules and Conduct Generally. Any Member who:
i. is alleged to have infringed these Rules
ii. or whose conduct or actions at any Forty Club event may have been such as to render him or her unfit to be a Member or to have the benefits of certain privileges of membership,
iii. or whose performance as an Officer of the Club or in a Club appointment such as District Chairman, District Committee member or Match Manager fails to meet the standards set out in their Terms of Reference shall be subject to the procedures set out below in which the word Member shall refer to ordinary member, Officer or appointee.
b. Procedure. The procedure set out in this Rule shall be followed before any Member is expelled suspended or reprimanded.
i. The matter shall be brought to the attention of the Executive Committee. If the matter is to be taken further, the Honorary General Secretary shall notify the Member in writing.
ii. The Executive Committee may:
1. Request that the Member concerned or his/her representative submits written answers to its inquiries and/or may request his/her attendance before it.
2. Decide to take no action, reprimand, reprimand by withdrawing certain privileges, suspend or expel the Member concerned.
3. Appoint a committee of at least 5 Members to investigate the matter in accordance with these Rules. The Executive Committee shall appoint such a committee in the event that it is unable to conduct its own inquiry in view of a conflict of interest.
4. If the decision/recommendation is to suspend or expel, the Member shall be afforded an opportunity to make representation either in writing or in person to the Executive Committee. The Member may also be accompanied by a representative to the meeting of the Executive Committee. The Committee shall have the power, after considering the matter, to deal with it in any way.
5. If the decision or recommendation is to withdraw certain privileges, the Member concerned shall have the right to apply to the Executive Committee for a review. The Executive Committee shall conduct such a review only upon the written representation of the Member concerned. The Executive Committee shall on review have the power to deal with the matter in any way including suspension of membership and expulsion. If the Executive Committee is minded to suspend or expel as a result of such a review, the Member shall be given the opportunity to make representations either in person or in writing to the Executive Committee and may be accompanied by or send a representative to the meeting of the Executive Committee.
6. A resolution proposing the expulsion, suspension or reprimand of a member (whether or not privileges are to be withdrawn) under this Rule shall be passed at a meeting of the Executive Committee only by a vote in favour of not less than two thirds of the members present and voting.
7. If the Executive Committee is unable to provide a quorum to inquire into and vote upon the particular matter due to a conflict of interest, it shall appoint a committee of at least 5 Members to act on its behalf, and confer on it the necessary powers and responsibilities of the Executive Committee.
8. The Member shall be informed in writing of the decision.
c. Effect of Expulsion. A Member who is expelled from the Club shall forthwith cease to be a Member and shall forfeit all rights and privileges of membership of the Club, but without prejudice to his or her liabilities and obligations existing at the time the expulsion took effect. No refund shall be made to that Member of any part of his Registration fee, Annual Subscription or other monies.
d. Effect of Suspension. A Member who is suspended shall forfeit all rights and privileges of membership for the duration of his/her suspension but without prejudice to his/her liabilities and obligations existing at the time the suspension took effect.
e. Consequences of Expulsion or Suspension. Upon dissolution of the Club, following the expulsion or during the period of suspension of a Member, such Member shall not be entitled to any share or interest in any of the property or assets of the Club.
12. The Club shall be managed by the Executive Committee comprising the holders of certain offices and elected members all of whom are required to be full members of the Club and whose names shall be published in Club publications. The Club will also have a President. The Officers comprise the Chairman, the Honorary General Secretary, the Honorary Treasurer, the Honorary Fixtures Secretary, the Honorary Membership Secretary and the Curator of WG Grace’s grave.
a. The President.
i. Period of Office and Commencement of Term. The President shall hold office for a period of three years commencing on the date of the Annual General meeting at which his appointment is approved. At the invitation of the Executive Committee this term of office can be extended.
ii. Nomination of President Designate. The President shall nominate and seek endorsement for his/her successor (The President Designate) at the final Annual General Meeting which takes place during his/her term of office. In the absence of a nomination, the Executive Committee shall assume this responsibility.
iii. Duties. The President shall preside at the Annual Dinner unless unable to attend. If the President is unable to perform any of his/her duties, the Chairman of the Club shall perform these duties.
b. The Chairman of the Club.
i. The Chairman shall be known and shall act as the Chairman of The Forty Club.
ii. Period of Office and Commencement of Term. The Chairman of the Club shall be appointed by the Executive Committee from amongst its Members.
iii. He or she will take office at the AGM following his/her appointment for a period of three years and shall be eligible for re-appointment for one further period not exceeding three years. In years two and three of a three year term the re-appointment of the Chairman shall be confirmed by vote at the first Executive Committee meeting following the AGM.
iv. The office of Chairman of the Club shall be vacated prior to the expiry of its term, and thus a casual vacancy may occur, only by death, incapacity, resignation or cessation of membership of the Club.
v. Wherever a casual vacancy occurs, the vacancy shall be filled by another eligible and willing member of the Executive Committee. Any person so appointed shall serve the remainder of the term (or proposed term) of the Chairman being replaced.
vi. At the expiry of this term he or she will be eligible for re-appointment for a further period of 3 years but only if he or she has not previously served as Chairman of the Club.
vii. Duties. The Chairman shall act as chairman at meetings of the Executive Committee unless unable to do so and, in the absence of the President, may preside at the Annual Dinner.
c. The Honorary General Secretary.
d. The Honorary Treasurer.
i. The Treasurer shall be responsible to the Executive Committee for developing the financial policy of the Club and for overseeing its financial affairs and, in particular, for the presentation of the Annual Accounts at the Annual General Meeting.
ii. The Treasurer may deputise for the Chairman of the Executive Committee at meetings.
e. The Honorary Fixtures Secretary.
f. The Honorary Membership Secretary.
g. The Curator of W. G. Grace’s Grave.
13. Election of Officers. Vacancies arising amongst the Officers of the Club will be published with the Annual General Meeting notice each year. Nominations for election to an appointment as Officer of the Club, with the exceptions of the President and the Chairman of the Executive Committee, shall reach the Honorary General Secretary not less than 21 days prior to the date of the Annual General Meeting. Nomination proposals will only be eligible when signed by two members of the Club entitled to vote, and countersigned by the consenting nominee. Voting for Officers shall be in person at the AGM.
14. The Executive Committee shall consist of the President, the Chairman of the Club, the Honorary General Secretary, the Honorary Treasurer, the Honorary Membership Secretary, the Honorary Fixtures Secretary and a maximum of nine other members elected at an Annual General Meeting. These 9 members so elected shall serve for three years, retire in rotation and be eligible for re-election.
15. The names of the members of the Executive Committee will be published in Club publications from time to time.
16. Election of Committee Members.
a. Vacancies arising amongst Executive Committee members will be published with the Annual General Meeting notice each year. Nominations for election of members to the Executive Committee should reach the Honorary General Secretary by the 1st October. Nomination proposals will only be eligible when signed by two members of the Club entitled to vote and countersigned by the consenting nominee. Voting for members of the Executive Committee shall be by postal vote, to reach the Honorary General Secretary by midday on the day prior to the Annual General Meeting, or in person at the Annual General Meeting.
b. Vacancies Equal to or Exceed Nominations. If there are fewer nominations than there are vacancies for membership of the Executive Committee, those validly nominated shall be elected. Any remaining vacancies shall be filled by the Executive Committee which shall appoint, with the prior consent of the Member(s) concerned, sufficient eligible Members to fill the vacancies subject to the approval of such appointments at the next General Meeting.
c. Nominations Exceed Vacancies. A ballot will be held in accordance with the arrangements of paragraph 36.
17. The Executive Committee shall have complete control over the affairs and funds of the Club, and shall attend in particular to:-
a. The holding of the Annual General Meeting and the nominations for and the election thereat of the Officers and other members to the Executive Committee.
b. The appointment of a Chairman of the Executive Committee for the year.
c. The amount of the annual subscriptions to be paid by any member or class of member on election or subsequently, and its collection by means of a Direct Debit, and shall notify all members prior to the Annual General Meeting of any variation.
d. The arrangement of the Club’s annual cricket programme.
e. The candidature and election of members.
f. The suspension or withdrawal of the privileges of membership from any member whose conduct is no longer consistent with membership or the objects of the Club, after due consultation with the member concerned.
g. The convening of a Special General Meeting of the Club at any time. A Special General Meeting may be called on receipt of a request signed by not less than 50 members, who shall state the reason for their request.
h. The co-option of not more than 3 members to serve until the next Annual General Meeting.
i. Other Committees. The Executive Committee shall have the authority to:
i. Create, appoint a Chairman of, provide Terms of Reference for, regulate and dissolve any other committee.
ii. Approve the membership of other committees.
iii. Review at least once a year the existence structure and purpose of any other Club committees.
iv. To publish from time to time in Club publications the names of members of all Club committees.
j. Club Appointments. The Executive Committee shall have the authority to appoint District Chairmen, Match Managers and any other nominations for specific Club appointments.
k. The filling of Casual Vacancies. When a casual vacancy occurs amongst the elected
Officers or Members of the Executive Committee, caused by death incapacity, resignation or termination of membership, the Executive Committee may fill the appointment with a willing and eligible Member. The incoming appointee may serve until such times as the original Officer or Member resumes their appointment, or until the next AGM.
l. To act generally, through any other Committees and otherwise, to further the best interests
and high standards of the Club.
18. The Executive Committee may recommend to an Annual General Meeting the names of not more than 2 members for election as “Life Vice-Presidents”, and may also recommend members for election as “Honorary Fellows”. The nominees shall be members who over a long period have given devoted service to the Club, maintaining its high traditions, and through their endeavours enhanced its good name in the world of cricket. There shall not at any time be more than two Life Vice-Presidents
19. Voting. At meetings of the Executive Committee only the President, the Honorary General Secretary, the Honorary Treasurer and the elected and co-opted members are empowered to vote. When voting on a proposition or amendment is equal, the Chairman of that meeting may give a casting vote.
20. Quorum. The quorum for meetings of the Executive Committee shall be 50% of the committee membership entitled to vote.
21. The Honorary General Secretary shall keep proper Minutes and Records of all General Meetings and Executive Committee meetings as well as collating and retaining all Minutes of meetings of all other Club Committees.
ACCOUNTS AND ACCOUNTS EXAMINERS
22. The Club financial year shall begin on 1st October. The Honorary Treasurer shall:
a. Arrange to have the Accounts of the Club prepared for each financial year ending, ie as at 30th September.
b. Have the Accounts examined by a firm of Chartered or Certified Accountants which shall be appointed or re-appointed at each Annual General Meeting.
c. Present the Club’s Annual Accounts, reported on by the Examiners, to the Annual General Meeting.
d. Arrange to publish a simplified Income and Expenditure Account for the relevant year in the annual Handbook or similar publication.
PROCEEDINGS AT OTHER COMMITTEE MEETINGS
23. At any other Committee meeting:
a. Reporting. The chairman of each principal committee and the Secretary of the Golfing Society shall report to and provide Minutes of their Committee meetings to the Executive Committee.
b. Proceedings. Proceedings of all other Committees shall be governed by the provision of these Rules.
c. Voting. Each member of a committee shall be entitled to one vote. When voting on a proposition or amendment is equal, the Chairman of that meeting may give a casting vote.
d. Quorum. The quorum at any other Committee meeting shall be 50% of the approved membership of the Committee.
ANNUAL GENERAL MEETING
24. The Annual General Meeting shall be held within 2 months of the date of the annual closure of the accounts for audit [30th September] each year.
25. Notice and Accidental Omission to Give Notice. Notification of the date, venue, and agenda for the Annual General Meeting shall be sent to all members entitled to vote at their registered address not less than 4 weeks prior to the date of the Meeting. Accidental omission to send any such papers, or the non-receipt by any member(s) of the same shall not invalidate the proceedings of the Meeting.
26. The business to be transacted at the Annual General Meeting shall include the following matters:
a. To confirm the Minutes of the previous Annual General Meeting and of any other General Meeting held since that Meeting.
b. To adopt the annual Accounts.
c. To receive from the President at the final General Meeting of his term of office the announcement of his successor.
d. To approve where required the appointment or reappointment of:
i. The Officers.
ii. The Members of the Executive Committee.
iii. The Accounts Examiners of the Club
e. To consider and if thought fit pass any Resolution proposed by the Executive Committee.
f. To discuss any matter which the Executive Committee wishes to raise.
g. To consider and if thought fit pass any resolution on the written requisition of at least 50 Full Members entitled to vote and where notice has been received by the Honorary General Secretary in accordance with paragraph 16.
h. To discuss any specific matter raised by two or more Full Members entitled to vote of which written notice in no more than 100 words has been sent to the Honorary General Secretary by the 1st August so that the general nature of the matter may be summarised on the agenda. Submissions received after the 1st August will only be considered at the Annual General Meeting at the discretion of the chairman of the meeting.
SPECIAL GENERAL MEETINGS
27. A Special General Meeting of the Club may be called by the Executive Committee at any time, and shall be called by the Executive Committee upon the written requisition of at least 50 members entitled to vote and where notice has been received by the Honorary General Secretary in accordance with paragraph 16g. A Special General Meeting shall be convened as soon as is practicable following receipt of a notice of requisition.
28. The provisions of paragraph 24 shall also apply to Special General Meetings.
29. A written requisition by members to consider a Resolution shall:
a. Be signed by all those members supporting it, together with their full names.
b. Set out the matters to be discussed at the meeting and the full text of any resolutions to be proposed and if thought fit, passed at the Meeting.
c. Be deposited with the Honorary General Secretary.
30. At least four weeks’ notice of any General Meeting and of the business to be carried on thereat shall be given to all members.
PROCEEDINGS AT GENERAL MEETINGS
a. At any General Meeting of the Club 20 members shall form a quorum, of which a minimum number of 4 shall be Officers of the Club.
b. No business may be transacted at any General Meeting unless a quorum is present when the meeting proceeds to business.
c. At a General Meeting, if within 30 minutes of the appointed time a quorum is not present, the Meeting will stand adjourned to another date and time determined by the chairman of the Meeting
d. If within 30 minutes of the appointed time a quorum is not present at a Special General Meeting convened upon the requisition of members, that Meeting shall be dissolved.
31. Adjournment. The chairman of the meeting may, at his/her own discretion or if directed by the meeting, adjourn the meeting from time to time and from place to place. No business may be transacted at an adjourned meeting other than the unfinished business of the meeting which was adjourned.
32. Additions or Amendments to the Published Agenda.
a. If at a General Meeting there is a proposal to make any addition to the published agenda or any amendments to any item of business on that agenda, the Chairman shall have the discretion to allow or deny the amendment or addition.
b. If prior to a General Meeting there is a proposal to make an addition to the published agenda or any amendments to any business on that agenda, and it is received 28 days prior to the AGM, the Executive Committee shall have the discretion to allow or deny the amendment or addition. No alterations or amendments to the Rules of the Club will be accepted in either case.
33. Entitlement to Vote. Every Member entitled to vote who is present in person at a General Meeting of the Club shall have one vote.
34. Show of Hands. At any General Meeting a Resolution put to the vote of the Meeting shall be decided on a show of hands unless the Resolution is subject to postal voting.
35. Casting Vote of Chairman of the Meeting. In the event of an equality of votes at a General Meeting the chairman of the Meeting shall be entitled to a second or casting vote.
36. Postal Voting. The Executive Committee may use postal voting in relation to:
a. Any Resolution or business to be proposed at any General Meeting if it considers that Resolution or business to be of sufficient importance to warrant full consideration by all members entitled to vote, and not merely those able to attend the Meeting in person.
b. The election of Executive Committee Members when there are more nominations than vacancies.
i. Each Member entitled to vote will be sent a ballot paper on which shall appear the names of all nominated Members, together with their appropriate details, details of their proposer and seconder, and indicating the names of any who may be recommended by the Executive Committee. The ballot papers, after completion, shall be sent to a Returning Officer appointed by the Executive Committee so as to arrive by the date specified on the ballot paper.
ii. Each member entitled to vote shall have one vote for each vacancy on the Executive Committee but shall give no more than one vote to any one candidate.
iii. In the event that two or more Members receive an equal number of votes, the Member or Members to be elected shall be decided by lot in a manner prescribed by the President.
c. Postal Voting shall be conducted in accordance with Regulations made from time to time by the Executive Committee and issued with the ballot papers.
d. No amendments or alterations may be made to any resolution or business at the AGM that has required a postal vote. Although the subject of the additional amendment or alteration may be discussed at the General Meeting, no vote on the additional amendment or alteration may take place at that meeting.
e. Any ballot papers that do not comply with the conditions or requirements for their completion and return shall be invalid. The Executive Committee shall appoint scrutineers to examine the ballot papers or, at the absolute discretion of the scrutineers, a representative sample of ballot papers.
37. Right of Chairman of Meeting to Withdraw a Resolution. At any General Meeting, if in the opinion of the chairman there has been a material change of circumstances pertaining to a Resolution subject to a postal vote, that chairman may withdraw the Resolution. In this event, the Resolution shall be deemed not to have been put or voted upon and a withdrawal shall not prevent the continuation of the Meeting or the putting of the Resolution at any subsequent Meeting.
38. Each member of the Executive Committee and of other committees shall (to the extent that such person is not entitled to recover under any policy of insurance) be entitled to be indemnified out of any and all funds available to the Club, which may lawfully be so applied, against all costs, charges, liens, expenses and liabilities whatsoever incurred by him or her in the execution and discharge of his or her duties or in relation thereto, including any liability incurred by him or her in initiating, presenting or defending any proceedings, civil or criminal, which relate to anything done or omitted in good faith by him or her or alleged to have been done or omitted by him or her in such capacity.
INTERPRETATION OF RULES AND REGULATIONS
39. The Executive Committee shall have the authority to decide all questions arising in respect of the interpretation of these Rules and any other Club Regulations.
AMENDMENTS TO THESE RULES
40. These Rules shall not be altered nor amended save by a majority of two-thirds of the members present and voting at a General Meeting. Any proposal for alteration or amendment shall be notified to the Honorary General Secretary in writing by the 1st August so that the amendment or alteration proposed may be considered by the Executive Committee and, if accepted, may be included in the agenda for the following AGM.