Musselburgh Tennis Club Constitution amendments 1 1.1 Constitution of Musselburgh Tennis Club RULE 1: NAME AND OBJECTS The Club shall be called “Musselburgh Tennis Club”. The Club’s objectives will be to promote and encourage the game of tennis and to engage in such competitions as may be determined by the Committee. 1.2 RULE 2: USE OF NAME The Society shall be commonly known as “Musselburgh Tennis Club” (“the Club”) or the abbreviation “MTC”. The name of the Club shall be clearly displayed outside every place in which the business of the Club is carried out. The name shall be mentioned in all official publications of the Club, all correspondence, cheques and invoices. 1.3 RULE 3: MEMBERSHIP Any person seeking to join the Club shall submit an application to the Club Committee. Members shall be admitted by the Club Committee. Membership is open to all and no application for membership will be refused on other than reasonable grounds. There will be no discrimination on grounds of race, occupation, sex or religious, political or other opinion. The Club Committee shall have the power to expel a member if they have appropriate grounds against which to do so. Membership termination will usually require the member concerned to have been previously warned about their conduct – however in exceptional circumstances the Committee may terminate membership without making known the reasons. Members have the right to appeal to the Committee and to represent themselves at any subsequent hearing. There shall be no liability for the club to return the subscription of a member who has had their membership terminated. Each member of the Club agrees as a condition of membership to be bound by and subject to the Rules of Musselburgh Tennis Club and to the Rules and Disciplinary Code of the Lawn Tennis Association. The Committee shall have the authority to offer Honorary Memberships as either: 1. Honorary Lifetime Membership - which shall exist for the member's lifetime and shall not be transferable 2. Honorary Annual Membership - which shall exist only for the duration of one membership year, or 3. Honorary Social Membership - which shall exist for the member's lifetime but will not entitle the member to any shareholding or voting rights, and shall not be transferable All forms of Honorary Membership must be ratified at an AGM or EGM by a 75% majority vote of the adult members present. Members shall have the use of the courts during pre-allocated Club sessions – as per the lease of the courts from East Lothian Council. Outside these agreed periods Club members will have to record Page 1 of 6 Musselburgh Tennis Club Constitution amendments their intention to play and, where necessary, rotate their play with members of the public who may have paid to play on the courts. East Lothian Council are responsible for the preparation and maintenance of the courts. 1.4 RULE 4: SUBSCRIPTIONS The subscriptions payable by members and visitors’ fees shall be set annually by the Club Committee. Once a subscription has been paid, no part of it shall be refunded when a member leaves or for any other reason. There shall be three types of membership: Senior, Student (in full time education as at 1st April) and Junior (who shall be under the age of 18 years and over 8 years old as at 1st April in the relevant Membership Year) The season shall commence officially run from 1st April until the following 31st March. Subscriptions shall be due from the same date. A membership will be deemed to have lapsed if the subscription remains unpaid beyond the last day in May. Members may still join for the full season beyond that date but may be required to pay an additional, pre-stated, penalty charge. Members joining in the middle of a season may be allowed to pay a pro-rated membership subscription for the months remaining until renewal at the discretion of the Committee. Visitors may be permitted to play on the courts during Club sessions no more than three times in any one year before being invited to take a membership. At other times there will be suitable arrangements for Pay and Play access and, once tenancy of the courts is managed by the Club, there is an expectation to provide a designated period each week of free play. 1.5 RULE 5: MEETINGS An Annual General Meeting (AGM) shall be held once a year and will be held no earlier than the 1st of March and no later than the 31st March each year. The meeting will receive the report of the Secretary and Treasurer and transact all necessary business of the club. The Notice of the meeting of the Club shall be sent to each Senior Member by post or email at least thirty (30) days before the date of the meeting. Notices of motions or additional Agenda points, which must be by email or in writing, should reach the Secretary no later than twenty (20) days before the date of the meeting. The final Agenda will then be sent to all Senior Members by email or post at least fourteen (14) days before the meeting and will include full details of the time and place of the meeting and the general nature of the business for which it is convened. The accidental omission to send notice of General Meeting to, or the non-receipt of any such notice by any member, shall not invalidate the proceedings of that general meeting. An Extraordinary General Meeting (EGM) shall be held when the Committee think fit or whenever ten members so request in writing to the Committee. Resolutions shall be decided on a show of hands unless it is the wish of the meeting to conduct a full poll of all members. In the case of equality of votes, the chairman of the meeting shall have second or casting vote. No business shall be transacted at a General Meeting unless a quorum of ten members or 20% of the Senior Membership (whichever is the lower) is present when the business is considered. Page 2 of 6 Musselburgh Tennis Club Constitution amendments 1.6 RULE 6: OFFICERS AND COMMITTEE The members shall constitute the club and in their hands shall rest the entire control of the club The business of the club shall be conducted by a Committee consisting of the President, Secretary, Treasurer and between two and six additional members, all of whom shall be elected at the AGM and shall be eligible for re-election at subsequent AGM’s. The Committee shall have the power to coopt further members. The Committee shall meet periodically Any Senior Member of the Club may be nominated for election to the Committee at an AGM with one seconder. A vote shall then be taken for each Committee member if deemed necessary. The Office Bearers will serve for two years following election, whereupon they must offer themselves for re-election at the AGM. The Secretary shall convene all business meetings of the Club and Committee, conduct all correspondence and generally transact all business as instructed by the Committee The Treasurer shall receive and disburse all monies due to and by the Club and shall collect Subscriptions and any other fees due. He shall keep detailed and accurate accounts of his intromissions and present at the AGM a full statement thereof made up to the last day of February in the relevant year. In case any Officer shall die, resign, be removed, or become unfit to act, the Committee may at any time appoint a person to fill the vacancy until the next Annual General Meeting. The Club agrees that each member of the Club Committee will be required, as a condition of election or appointment, to agree to be bound by and subject to the Rules of Musselburgh Tennis Club, and to the Rules and the Disciplinary Code of the LTA. An Officer of the Club or Member of the Committee may be removed by a two thirds majority vote of the members present at a General Meeting called for the purpose of considering their continuing in post. 1.7 RULE 7: BORROWING POWERS The Committee may obtain advances of money from members and others for the purposes of the Club and may secure the repayment thereof by mortgages or charges on any of the Club’s property. The total amount of money owed at any one time must not exceed £50,000.00. The interest on any loan, other than from the Club’s bankers or a mortgage from a bank or building society, must not exceed two per cent per annum above Clydesdale Bank plc base lending rate. The Club may receive donations towards the work of the Club from any person, whether a member or not. 1.8 RULE 8: APPLICATION OF PROFITS The profits of the Club shall be applied to the repayment of loans, and to the furtherance of the objects of the Club, as determined by the Committee from time to time. Page 3 of 6 Musselburgh Tennis Club Constitution amendments 1.9 RULE 9: INVESTMENT Any funds not required for immediate use or to meet the usual accruing liabilities shall, with the approval of the Committee and a 75% majority vote of the Senior Members present and entitled to vote at an extraordinary general meeting called for the purpose, be invested in any manner provided by the Committee for the benefit of the Club. An annual allowance will be set aside each year as a sinking fund to ensure the ongoing maintenance of the Club facilities. The target value required for the next three years will be outlined by the Treasurer at the AGM. This should be agreed, by majority vote, during the meeting. 1.10 RULE 10: COPIES OF RULES It shall be the duty of the Secretary to deliver to any member on demand a copy of these rules on payment of a nominal sum. 1.11 RULE 11: AMENDMENTS TO THE RULES The foregoing Constitution shall not be amended without the approval of two thirds of the members present at a General Meeting of the Club, prior notice having been given to all members of the proposed amendment. 1.12 RULE 12: AFFILIATION TO OTHER ASSOCIATIONS The Club shall comply with the rules of the Lawn Tennis Association (LTA) and the East of Scotland Tennis Association (ESTA). The Committee may affiliate the Club to any relevant association or society. 1.13 RULE 13: CLOTHING Players are required to wear appropriate tennis clothing and shoes. 1.14 RULE 14: POLICIES The Club has written and adopted a number of policies to assist in the professional management of the Club and its activities. All members of the Committee are provided with a copy of these policies and are required to sign a statement confirming they have read them and will adhere to them. Copies of all the Club’s policies are available to members via the website and on request from the Club Secretary. Members shall observe the various notices displayed on the Clubhouse Notice Board 1.15 RULE 25: BRITISH TENNIS MEMBERSHIP The Club will be affiliated to and registered with the National Governing Body, British Tennis (BT) Upon joining British Tennis, the Club will register all members (adult and junior) with the Lawn Tennis Association’s British Tennis Membership scheme for as long as this remains free of charge. This will ensure members receive communications direct from the LTA and will enhance the club’s allocation of Wimbledon tickets. Page 4 of 6 Musselburgh Tennis Club Constitution amendments Any member who does not wish to be registered as a member of British Tennis must inform the Membership Secretary upon joining the club; members who do not specify otherwise will automatically be registered with British Tennis. Should any member wish to cancel their membership of British Tennis, or wish to change any of their personal details, they must do so themselves via the LTA website or by contacting the LTA head office. The Club agrees that all unlicensed and unregistered coaches and, so far as reasonably practicable, players and other persons using the facilities of the Club during its periods of responsibility will be required, as a condition of such use, to agree to be bound by and subject to the Rules of Musselburgh Tennis Club and to the Rules and the Disciplinary Code of the LTA. 1.16 RULE 26: WIMBLEDON TICKETS (LTA CENTRAL BALLOT FOR CLUB MEMBERS) The Club receives an allocation of Wimbledon tickets each year from the LTA via Tennis Scotland; the number of tickets received is dependent on the number of British Tennis members in the club and is determined by the LTA. Tickets are allocated in pairs via a ballot (“theBallot”). The Ballot must be held by 24th April and returns made to Tennis Scotland no later than 1st May. An indication of ticket availability will be made on the Club’s website upon receipt of information from Tennis Scotland and prior to the ballot. All members (adult and junior) who are registered as British Tennis Members (BTM’s) are entitled to enter the ballot. However, members are not automatically included in the ballot. Members may request inclusion in the ballot by either: attending the Annual General Meeting (AGM) sending their apologies for not attending the AGM via the club secretary or any other member who is attending the AGM, or by sending an email to the Club’s Main Contact (email address is available on the Club website www.musselburghtennisclub.org.uk) A maximum of one pair of tickets will be allocated per household. In the case of more than one member living at the same address, all those members can enter the Ballot (subject to the rules detailed above) but once one of those members has been drawn, any other members living at the same address must withdraw from the Ballot. Those members who are successful in the Ballot will be offered a choice of the tickets allocated to the Club by the LTA: winners who are in attendance at the AGM will have first choice from all tickets available, in the order in which the members are drawn from the Ballot winners who were not in attendance at the AGM, or who could not make a choice at the AGM, will be offered the choice of the remaining tickets in the order in which the members were drawn from the Ballot if any tickets remain unallocated, those tickets will be offered to the reserve list, in the order in which the members were drawn from the ballot Page 5 of 6 Musselburgh Tennis Club Constitution amendments if any tickets still remain unallocated, they will be offered to Committee members or key volunteers of the club who have not already been allocated tickets, at the discretion of the Committee Any member who receives a pair of tickets from the club ballot will be required to sign a disclaimer confirming that they will be using one of the tickets themselves and will not sell both tickets or give them away as presents. If a member subsequently finds they cannot use the tickets, they must return them to the club to be reallocated to the reserve list or at the discretion of the Committee. Tickets will not be given to successful members until full payment has been received by the Club and the disclaimer has been signed. 1.17 RULE 17: LOSSES No member shall have any claim against the Club, or its Office Bearers, or any individual member in respect of any loss, injury or damage, caused or arising from the use by the member of the Clubhouse, Courts or any other item of Club property. 1.18 RULE 18: BALLS DURING CLUB NIGHTS The Club will provide tennis balls for use on designated Club sessions – on all other occasions members should provide their own tennis balls. 1.19 RULE 19: OTHER CLARIFICATIONS Any matter not covered by this Constitution or any question of interpretation of the Constitution shall be decided by the Committee. 1.20 RULE 20: DISSOLUTION The Club is a non-profit making organisation. All profits and surpluses will be used to maintain or improve or develop the Club's facilities or to carry out the objects of the Association to which it is affiliated. No profit or surplus will be distributed other than to another non-profit making body on a winding-up or dissolution of the Club. If, upon the winding up or dissolution of the Club there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be transferred to some other organisation or organisations having objects similar to the objects of the Club, such organisation or organisations to be determined by the members of the Club by Resolution passed at a General meeting or in the absence of such a resolution (or that the extent to which it cannot be given effect) to the Association to which the Club is affiliated Rules amended at an Extraordinary General Meeting of members held on 23rd April 2013 Additional clarifications made and Rule 20 added following guidance from Tennis Scotland on 7th October 2013 Signed by: ___________________________________________________ Dated: Secretary ___________________________________________________ Page 6 of 6