The Club’s Constitution
1. The Club shall be known as “Hillfoots Rugby Football Club”.
2. Hillfoots Rugby Football Club is a strong and positive community club where rugby is played and enjoyed by all ages and abilities, where together we value integrity, a positive attitude, commitment and friendship.
3. The object of the club to provide facilities for and to promote participation in the Amateur sport of rugby in Tillicoultry and the surrounding area.
4. The club may affiliate with any other sports body.
5. 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 age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex; sexual orientation, political or other opinion.
5.1 The club committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or sport into disrepute. Appeal against refusal or removal may be made to the members as set out in Clause 7.
5.2 To be properly constituted the club shall have at least 25 members.
5.3 The membership of the Club shall consist of:
- The President
- The Honorary Vice-Presidents, who shall have no vote unless they are fully paid up members and are confirmed by the membership at the AGM for a particular service to the Club. Former Presidents automatically become Honorary Vice-Presidents at the end of their tenure.
- Honorary Life Members, who shall have no vote unless they are fully paid up members and who are confirmed by the membership at the AGM for a particular service to the Club. Honorary Patrons who shall have no vote unless they are fully paid up members and who are confirmed by the membership at the AGM for having contributed a sum of money to the Club, the amount to be decided by the Executive Committee.
- Ordinary Members (Playing and Non-playing of 18 years and over).
- Life Members who will be ordinary Members who have donated 10 times the then current annual subscription for Ordinary Members.
- Family Membership which shall include two adults (voting) and their children under the age of 16 years (non-voting).
- Country Members who will be 18 years and over and who shall have no vote, paying an annual subscription to be decided by the Executive Committee from time to time.
- Junior Members who are members under the age of 18 years and who shall have no vote. Annual subscriptions will be set on the recommendation of the Finance and Junior Rugby Committees.
- Guest Members, being visitors from other clubs or organisations who are invited to the club.
- No person is to be allowed honorary or temporary membership of the club or to be relieved of the payment of the regular entrance fee or subscription: except to allow temporary participation in the activity which is the prime purpose of the club; or except in accordance with specific provision set out in club rules above.
Register of Members
6. A register of members will be kept in which shall be entered the names and addresses of members in every category.
Expulsion of Members
7. The Executive Committee shall have the power to remove from the Register of Members any member who:
7.1 Has failed to pay monies due to the Club after 2 months’ notice has been given by the Treasurer, provided that such a member shall be reinstated after payment of all arrears otherwise will be subject to the Arrears procedure.
7.2 Whose conduct the Committee shall deem to be detrimental to the Club, provided that not less than half the Committee are in favour of the member being removed from the register.
7.3 A member so expelled shall have power of appeal to the whole body of Ordinary, Family and Life Members of the Club. In order to exercise this right the member so expelled shall within 7 days of being informed of the expulsion intimate an appeal in writing to the Club Secretary. The Secretary shall thereupon call a Special General Meeting to consider the appeal which will only be upheld it over half the members present at the Special Meeting agree to the member’s reinstatement. No other business shall be considered at the meeting.
Cessation of Membership
8. Members shall cease to be members by:
8.1 Non-payment of subscription; any member whose membership has ceased for this reason shall not again be accepted for membership unless all arrears are paid.
8.2 Resignation in writing to the Secretary.
8.3 Expulsion (as set out in Para 6).
9.1 The Executive Committee.
9.1 The management of the Club shall be vested in an Executive Committee consisting of the President, the Vice-President, the Secretary, the Treasurer and Club Captain. The Executive Committee can be supported by the any of the other Committee Members, or any other individuals who are co-opted as required.
9.2 The Executive Committee shall be elected at the Annual General Meeting. All prospective members of the Executive Committee must be proposed and seconded in writing by Ordinary, Family or Life Members of the Club.
10.1 The Committee.
10.1 Committee Members shall be elected at the Annual General Meeting if required by more than one individual expressing to the President or Vice-President that they wish to be considered for a specific post.
10.2 In the event of there being more nominations for any position than there are vacancies, a vote will be taken at the Annual General Meeting when those obtaining the most votes for each position will be elected.
10.3 Only Ordinary, Family or Life Members will be eligible to vote, providing that their subscriptions for the past year have been paid in full.
10.4 The Club Committee is composed of the Executive Committee and Committee Members and anyone else who the Executive Committee wish to co-opt, with a possible structure below:
11 Committee Meetings.
11.1 The Committee shall meet for the dispatch of business on the last Monday of each month from August to April and as necessary during the months of May, June and July.
11.2 The President or Vice-President shall preside at each meeting of the Committee. In the absence of the President and all Vice-Presidents, the meeting shall appoint a Chair from those members present.
12. The Annual General Meeting.
12.1 The AGM of the Club will be held ideally within seven weeks of the end of the Financial Year, [i.e. the 30th June].
12.2 A minimum of seven days’ notice will be given in writing.
12.3 Twenty Members Ordinary, Family or Life shall form a quorum.
12.4 The President shall decide all points of order and shall have a casting vote in addition to their deliberative vote.
12.5 The Agenda for business shall be:
- President’s Report
- Senior Rugby Manager’s Report
- Junior Rugby Manager’s Report
- Treasurer’s Report (to include Annual Subscriptions and Independent Examiner’s report)
- Election of Office Bearers
13 Special Meetings.
13.1 A Special General Meeting shall be called by the Secretary on:
- The authority of the Executive Committee;
- On a requisition stating the reason for which the meeting is desired and signed by not less than ten Ordinary, Family or Life Members;
- On the written request of a Member expelled under Paragraph 6.B.
13.2 Seven days’ clear notice shall be given of all Special Meetings.
13.4 The notice of all Special Meetings shall state the purpose of the meeting and no other business will be transacted at the meeting.
13.5 The President or Vice-President shall preside at any Special Meetings. In the absence of the Vice-Presidents, the Executive Committee shall appoint a Chair.
13.6 In the event of an equality of votes the Chair shall have a casting vote in addition to their deliberative vote. Twenty Ordinary, family or Life Members shall form a quorum.
14. The Trustees of the Club shall be the Executive Committee composed of the President, The Vice-President, the Secretary, the Treasurer and Club Captain, any three of whom shall be empowered to sign any deeds or other documents on behalf of the Club. The property of the Club shall be vested in the Trustees.
15.1 Correct accounts and books shall be kept showing the financial affairs (and intromissions) of the Club which shall be examined annually by an Independent Examiner.
15.2 An account shall be kept in the name of the Club with such Bank/Building Society as the Executive Committee shall, from time to time, determine. Such accounts shall be operated by the Trustees.
15.3 The financial year shall end on the 30th of June.
15.4 The Executive Committee is authorised to borrow, raise finance, and grant security, in such manner as the Committee shall think fit.
15.5 Annual Subscriptions. Annual subscriptions shall be fixed at the AGM. Membership cards shall be issued annually.
15.6 Surplus funds. Surplus funds shall be invested for the benefit of the Club as the Executive Committee. The Executive Committee shall have the investments held in name of the “Hillfoots Rugby Football Club” always holding those investments under the direction of the Treasurer and Independent Financial Adviser. No liability shall attach to the Committee or to the Office Bearers in respect of such investment, with the exception of theft, fraud etc… provided that;
15.6.1 The investment policy is set down in writing for a financial expert or experts by the Executive Committee;
15.6.2 The performance of the investments is reviewed regularly by the Executive Committee;
15.6.3 The Executive Committee is entitled to cancel the delegation arrangement at any time;
15.6.4 The investment policy and the delegation arrangements are reviewed at least once a year;
15.6.5 All payments due to a financial expert or experts are on a scale or at a level which is agreed in advance and are notified promptly to the Executive Committee on receipt; and
15.6.6 The financial expert or experts may not do anything outside the powers of the Executive Committee;
15.7 Expenses, Remuneration and Payments
15.7.1 No portion of the income and property shall be paid or transferred directly or indirectly by way of dividend, distribution, bonus, honoraria or otherwise by way of profit to the members.
15.7.2 Members will be entitled to the repayment of all out of pocket expenses incurred by him/her on behalf of the club.
15.7.3 No Office Bearer of the Hillfoots Rugby Football Club, other than those employed to coach, will receive any form of remuneration for their services to the club. As with other club members, they will be eligible for all reasonable out of pocket expenses incurred on behalf of the club.
16.1 The sale of excisable liquor shall be conducted strictly in accordance with the Licensing (Scotland) Act 2005.
16.2 No Member of the committee or other governing body and no person employed by the club is to have any personal interest in the sale of alcohol on the club premises or in the profits arising from such sale.
16.3 Other than when an occasional licence has effect, no person is to be supplied with alcohol on club premises unless that person is:
16.3.1 A member of the club;
16.3.2 A person who is on the premises at the invitation of a member of the club, and is accompanied by that member;
16.3.3 A member of another club which falls within the description prescribed in The Licensing (Clubs)(Scotland) Regulations, 2007.
16.4 Where a person who is referred to in paragraph 16.3.2 above is supplied with alcohol on club premises and an occasional licence is not in effect, there is to be entered in a book kept for the purpose: the date; the name and address of the person; and the name of the member accompanying the person.
17.1 The Executive Committee shall have the power to frame Bye-Laws regulating the control of the Club premises and for such other purposes as they may deem to be in the interest of the Club.
17.2 Such Bye-laws may become operative immediately, but they and any additions or alterations thereto shall fall to be confirmed at the first AGM following the introduction of such Bye-laws. The same conditions governing alterations to the Constitution shall apply.
Interpretation of the Constitution
18. The Executive Committee shall have full power to deal with any questions concerning the terms or construction of the Constitution and for any matter for which provision is not herein made.
Dissolution of The Club
19. In the event of the dissolution of the Club, all available assets (after the discharge of all liabilities) shall be distributed amongst the Scottish Rugby Union and/or any other amateur sports bodies or charities in such a manner and subject to the conditions as may be decided by full Members of the Club at a Special General Meeting as provided for in Paragraph 13.
Alterations to The Constitution
20. No alterations to the foregoing Constitution shall be made except at an AGM or at a Special General Meeting called for the purpose of considering such proposed alterations, and then only on receiving the assent of not less than half the Members present and voting.
20.1 Notice of the proposed alterations must be sent to the Secretary in writing not later than two week’s prior to the AGM.
20.2 In every case the terms of the proposed alterations shall be printed on the notice calling the meeting.
Adopted by Members at the AGM on 13 August 2020.