MORTONHALL LAWN TENNIS CLUB
CONSTITUTION
AND
BY-LAWS
2014
COURTS : PENTLAND TERRACE, EDINBURGH, EHI0 6EX
CONSTITUTION AND BY-LAWS
1. Name
The Club shall be called the "Mortonhall LawnTennis Club".
2.Objectives
The club’s objectives are as stated in the Development Plan. These broadly include financial stability, catering for the community, promoting player and team development (both senior and junior), maximizing of facilities for year-round tennis and management of membership levels. These objectives may be revised by the Committeeat any time if the need arises.
3. Membership
The Club shall consist of Life, Senior, Student, Off-Peak, Family, Country, Intermediate, Junior, Country Student, Unemployed, Temporary and Honorary Members.
All Members shall be subject to the rules and by-laws of the Club.
A report of membership will be presented at each Annual General Meeting. Persons of either sex are eligible for full membership of the Club provided they are at least 18 years old. No person shall be denied membership of the Club on the grounds of race, ethnic origin, creed, colour, age, disability, sex, occupation, sexual orientation, religion, political or other beliefs.
Senior, Student, Off-Peak, Family and Unemployed Members shall together be hereinafter referred to as Ordinary Members.
4Life Members
It shall be competent for the Committee, or for the Members at a General Meeting, to admit Life Members on equal footing with Ordinary Members.
5Election of Members
The power to elect Members shall be vested in the Committee of the Club and election shall be by simple ballot.
The name of the Member and the Member's usual place of residence and designation shall be duly recorded in the Club's records, along with any further contact details required by the Secretary, within the limits of data protection.Members are responsible for informing the Secretary of any changes in their contact details.
6Senior Members
The Club may admit Senior Members. Members in this section are those who do not fall within any of the other categories of membership given below.
Senior Members shall be elected and cease to be Members in the manner hereinafter provided.
The rights and liabilities of Senior Members shall be the same as those of Ordinary Members.
The subscription payable by Senior Members shall be such sum as the Committee may decide from time to time.
7Student Members
The Committee may admit Student Members. Members in this section must be taking part in full-time further education and be at least 18 years of age on 1st Marchin a particular year.
Student Members shall have the rights of Ordinary Members. The subscription shall be such sum as the Committee may decide from time to time.
8Off-PeakMembers
The Committee may admit Off-PeakMembers who shall be elected and cease to be Members in the same way as Senior Members. The Annual Subscription shall be such sum as the Committee may decide from time to time.
Off-Peak Members may play until 6 pm on week-days.
They shall have no right or interest in any of the assets of the Club. The rights and liabilities of Off-PeakMembers shall be the same as those of Ordinary Members.
9Family Members
The Committee may admit Family Members. Members in this section must be only those in an immediate family (ie parents and children). Any children must not be in full time employment. Any children in full time further education may be Family Members. Each adult and student who is a Family Member shall be treated as Ordinary Members and shall have the rights and liabilities of the same.
Family Members shall be elected and cease to be Members in the manner hereinafter provided.
The subscription payable by Family Members shall be such sum as the Committee may decide from time to time.
10Country Members
Any Ordinary Member may be placed on the list of Country Members if his place of residence, either permanently or for a period of not less than 8 months in a normal playing season, is not less than 20 miles from the Club. The subscription payable by each Country Member shall be at the discretion of the Committee.
11Intermediate Members
The Committee may admit Intermediate Members who shall be between the ages of 14 and 17 on 1st Marchand application for Membership must show date of birth. The subscription shall be such sum as the Committee may decide from time to time.
The Committee shall determine the privileges of such Membership and may alter and vary these from time to time.
Intermediate Members shall have no right or interest in any of the assets of the Club.
12Junior Members
The Committee may admit Junior Members to Membership at such sum as the Committee may fix from time to time.
Junior Members must be under 14 years of age on 1st March in a particular year and application for Membership must show date of birth.
The Committee shall determine the privileges of such Membership and may alter and vary these from time to time.
Junior Members shall have no voice in the management of the Club nor the power to vote at any meeting and shall have no right or interest in any of its assets.
13Country Student Members
The Committee may admit Country Student Members, Members in this section are those who satisfy the criteria for both Students and Country Members.
The subscription payable by each Country Student Member shall be at the discretion of the Committee.
14Unemployed Members
The Committee may admit Unemployed Members. Members in this section must be able to produce if asked, proof that they are receiving benefit or are actively seeking employment, or may be admitted at the discretion of the Committee.
Unemployed Members shall be treated as Ordinary Members and shall have the rights and liabilities of the same.
Unemployed Members shall be elected in the manner hereinafter provided and cease to be Members on ceasing to be unemployed, when they may convert their membership to the appropriate category if they so wish.
The subscription payable by Unemployed Members shall be such sum as the Committee may decide from time to time.
15 Temporary Members
The Committee may admit Temporary Members. The subscriptions payable by these Temporary Members shall be such as the Committee may decide.
They shall have no voice in the management of its affairs nor vote at any meeting thereof and shall have no rights or interest in any of its assets. A Temporary Member may not be allowed to introduce visitors to play on the courts.
16Honorary Members
It shall be competent for the Committee or for the Members at a General Meeting to confer upon any person, for such period as may be determined, the distinction of Honorary Membership. Such Honorary Members shall have no voice in the General Management of the Club, no right or interest in any of its assets (other than as a trustee) and no right to vote.
17Entry Sum and Subscription
The Committee shall decide if an entry sum (Entry Sum) is payable by each person on admission to Membership and the Entry Sum shall be such as the Club may fix from time to time in General Meeting.
The Annual Subscription payable by Members shall be fixed from time to time by the Club's Annual General Meeting, and shall be payable on or before the first day of March in each year or on admission.
The election of any Member who fails to pay his Entry Sum (if applicable) and Annual Subscription within ten days of an intimation of his election from the Secretary or Treasurer shall be void, but any Member whose election so fails may be reinstated if the Committee thinks fit.
Any Member failing to pay his Annual Subscription on or before 1 March will be liable for a surcharge.
Any defaulting Member as described above shall not (1) compete in any Club competition, (2) be eligible for election to any office in the Club or (3) attend any meeting.
18Assessment of Members
The Club, by a majority of votes, shall have power at any Annual or Special General Meeting to assess the whole Life, Ordinary, Country and Country Student Members for payment of such a sum as may be considered necessary for liquidation of the obligations of the Club, each Member to bear a share of the assessment in proportion to the current rates of subscriptions, and any Member failing to make payment of his share within thirty days after written notice from the Treasurer, shall cease to be a Member of the Club, but he shall, notwithstanding, remain liable for his share of such assessment, and his share of all obligations of the Club entered into before his Membership ceased.
19Resignation of Members
Any Member who has failed to pay the subscription within 4 weeks of the due date will be deemed to have resigned from the club and will no longer be entitled to use the facilities or represent the Club in teams.
20Suspension and Expulsion of Members
The Committee, upon being satisfied that any Member has infringed any one of the Rules or By-Laws of the Club or otherwise has made himself offensive and after hearing such Member should he desire to be heard, shall suspend the Member from exercising his privileges for such time as they think fit, or expel the Member, provided that two-thirds of the whole Members of the Committee require the suspension or expulsion of the Member. The Club Trustees, Office Bearers or the Committee shall not be liable for repayment of any part of the subscription of such Member or for any claim at his instance in respect of such suspension or expulsion; and any Member expelled under this rule shall thereupon forfeit all right and interest he may have had as a Member of the Club.
21Trustees
Four Trustees shall be appointed to hold in their names on behalf ofthe Club the heritable property of the Club and such moveable property as may afterwards be made over to them and the Trustees so appointed shall remain in office until death or resignation, or until an Annual General Meeting or Special General Meeting shall by a three-fourths majority of those present resolve to remove all or any of them. Any vacancy shall be filled at the Annual General Meeting or at a Special General Meeting. Each Trustee at the date of his appointment must be an Ordinary, Honorary or LifeMember of the Club, and any Trustee ceasing to be an Ordinary, Honoraryor Life Member shall be bound on being called upon to terminate his Trusteeship, and all Trustees whose Trusteeship has come to an end shall be bound, on being required, to divest themselves of all property of the Club and that by conveyance or transfer to the nominees duly appointed on behalf of the Club, provided that the Club bear the whole expenses of the transaction or transactions involved.
On the instructions of the Club, obtained at an Annual General Meeting or Special General Meeting, the Trustees shall sell and convey all or any part of the property held by them for the Club, or borrow on behalf of the Club on the security of the heritable property held by them for the Club.
All Members of the Club are bound to observe the whole conditions of the Feu Charter granted by the Trustees of the Cluny Estate to the Trustees of the Club, and they shall also be bound by any further Agreements, Deeds or other formal writings which may be entered into by the Trustees for the Club, provided that such Agreements, Deeds or other formal writings have been entered into with the approval of the Club.
22Winter Play
The Subscription and terms of Winter Membership shall be fixed by the Committee from
time to time.
23The Committee
23.1 The Committee of the Club shall consist of the following Office Bearers, viz:Captain, Vice-Captain, Secretary and Treasurer (all ex-officii), and of six Ordinary Committee Members and a Junior Secretary, all elected by the Club in General Meeting assembled. The Men’s and Ladies Captains will also sit on the Committee.At least two-thirds of the Committee must be Life or Ordinary Members. The Committee shall hold the whole property of the Club so far as not conveyed or made over to the Trustees, and shall have full executive powers and the sole management and control of the whole business and affairs of the Club.
23.2 Subject to the provisions contained in these Rules, the Committee shall have power from time to time to make, alter, vary and repeal such By-Laws as the Committee may think proper, and these By-Laws shall be binding upon all the Members until varied, altered, or set aside by the Committee, or by an Annual General Meeting or Special General Meeting of the Club.
23.3Ordinary Committee Members will be elected to the Committee in the first instance for a term of two years and thereafter may stand for re-election annually.
23.4 Every candidate for a seat on the Committee shall be proposed by two Members who must have the consent of their nominee.
23.5 The Committee shall hold meetings at intervals not exceeding three months. The Captain and Vice-Captain, or any six Members of the Committee may at any time require the Secretary to summon a meeting of Committee, by giving him or her notice in writing to that effect not less than two weeks before the day proposed for such Meeting. One week’s clear notice of any Meeting of the Committee shall be given to those entitled to attend, unless in special circumstances when the Captain, Vice-Captain, or Secretary consider that the Meeting should be called atshorter or other notice. The Trustees shall have right to attend any meeting and discuss with the Committee any motion involving Club expenditure.
Six Committee Members shall form a quorum at any meeting of the Committee, and all motions of the Committee, except in the case of an election of applicants to Membership and also in circumstances immediately after specified, shall be decided in accordance with the majority of votes thereon, the Chairman having a casting vote in the event of votes being equal. In the event, however, of a Meeting to discuss any matter involving Club expenditure of over £5000 and in the event of all four Trustees attending the said Meeting and unanimously vetoing the motion or counter motion relating to such expenditure, then such motion or counter motion shall not be considered to be the decision of the Committee unless not less than three-fourths of the Members of the Committee then present are in favour thereof. In such a case the Chairman will have no casting vote.
The Committee shall have power to fill up any vacancy occurring in their number during the year. Any person so appointed shall serve until the next Annual General Meeting, at which his / her election must be ratified.
23.6 The Committee may delegate to a Sub-Committee (of whom a majority shall form a quorum), consisting of such Member or Members of their body, or such other Members of the Club as they think fit, to investigate and report upon, or execute and carry out any special matter falling within the powers of the Committee and such Sub-Committee or Sub-Committees shall conform to any regulations which may be imposed on them by the Committee.
23.7 The Committee shall have the power to admit other Clubs or bodies to the use of the Courts upon such terms and conditions as may be decided upon by the Committee. Such Clubs or bodies shall, when on the Club ground, be subject to all the By-Laws and Regulations in force relative to the Courts, and to such Regulations as the Committee shall deem expedient and determine upon from time to time, relative to said Clubs or bodies.
23.8 The Club in General Meeting assembled may appoint a Committee for any special purpose.
23.9 The Committee may operate a waiting list if the number of those wishing to join would put undue strain on the availability of courts for existing members.
23.10 The Committee has the right to take disciplinary action against members who are in breach of the Constitution or contravene the By-Laws of the Club.
23.11 The Committee may take any action it thinks fit to further the interests of the Club or to be incidental or conducive to the attainment of all or any of the objects stated, subject to limitations imposed elsewhere in the constitution.
24Financial Year
The Financial Year shall end, and the books of the Club shall be closed, on the last day of December in each year.
25Meetings
The Annual General Meeting of the Club shall be held in Januaryfor the purpose of receiving a Report by the Committee on the general concerns of the Club, and a balance sheet for the past year, duly inspected by a qualified independent person, electing Office Bearers and Members of Committee for the following year, and transacting any other competent business. All notices of motions to come before the Annual General Meeting shall be sent to the Secretary in writing not later than the twentieth day of December, and no other business other than the formal and ordinary business of the year shall be considered in the absence of such notice without prejudice always to the allowance of such other business by leave of the Chair upon a vote of two-thirds of the Members present to the effect that the consideration of such business is urgent or advisable.