MJCA Constitution
- Name
The title of the Association shall be ‘Middlesex Junior Cricket Association’ hereinafter referred as ‘MJCA’.
- Purpose
The purpose of MJCA is the provision of facilities for recreation and other leisure time occupation in the interests of social welfare for young people up to and including the age of 17 (hereinafter referred to as “young people”) such facilities being provided in order that the conditions of life of the young people may be improved and such facilities being needed by reason of their youth.In furtherance of the above purpose MJCA shall have the following powers:2.1 To encourage, promote and improve the quality of cricket played by young people within its constituent areas (as referred to in Article 10) whether within their clubs or other organisations. 2.2 To organise, assist, provide instruction or other facilities for the playing of cricket for young people in its constituent areas. 2.3 To collect, administer, invest and distribute funds and property and generally to do such things as may be necessary in furtherance of its main purpose.
- Affiliation & Policies
3.1 MJCA is affiliated to the England and Wales Cricket Board (ECB) through Middlesex Cricket 3.2 MJCA and its members shall ensure that members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket. 3.3 MJCA must adopt and adhere to all regulatory policies as stated by Middlesex Cricket and ECB and any further additions/changes to those policies. Including but not limited to:- ECB Safe Hands – Cricket’s policy for Safeguarding Children; ECB Inclusion and Diversity Policy; ECB Anti-Discrimination Code. MJCA must also have a separate Safeguarding Policy Statement as required by ECB. 3.4 MJCA may be affiliated to, be represented on and maintain liaison with such other charitable organisations and associations as the Executive Committee may from time to time deem desirable in the furtherance of the purpose.
- Permitted Means of Advancing the Purpose
MCJA has the power to:4.1 Provide grounds, equipment, coaching, training and playing facilities; 4.2 Take out any insurance for committee members, employees, contractors, players, guests and third parties; 4.3 Raise funds by appeals, subscriptions and charges; 4.4 Open bank accounts; 4.5 Make grants, loans and provide other benefits; 4.6 Set aside or apply funds for special purposes or as reserves; 4.7 Deposit or invest funds in any lawful manner; 4.8 Employ and engage staff and others and provide services; 4.9 Co-operate with any organisation, club, sporting body, government or government-related agencies; 4.10 Do all other things reasonably necessary to advance the purposes. None of the above powers may be used other than to advance the purposes consistently with the Rules below and the general law.
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- Membership
5.1 Membership shall be open to any person or organisation wishing to advance the purposes of MJCA subject to the approval of the Executive Committee. Member Clubs Any youth club, youth section of a club, or any like institution who are fully affiliated to Middlesex Cricket and have an open constitution. All Member Clubs must have ECB Clubmark and Safe Hands Management Systems accreditation (or any recognised successor). New member clubs must have begun the process as part of their probationary period and completed full accreditation before the MJCA accept them as full member clubs Vice-Presidents- Those persons whose activities on behalf of the Association or cricket in general are considered by the Executive Committee as worthy of special recognition. They shall be elected each year at the AGM. Area Officers – Those persons who are elected members of the Constituent Area Committees. Associate Members – Those persons who as individuals wish to support the purposes of the Association. Playing Members – Those members of member clubs who are aged up to and including the age of 17 by the first day of September in the relevant financial year of the Association. No subscription shall be payable by Playing Members. Playing Members have no voting powers at the Annual General Meeting or Extraordinary General Meeting.
- Membership
5.2 | The level of annual subscription for Member Clubs shall become payable on the 1st October in each year and shall be decided by the Executive Committee from time to time and notified to the members. The Executive Committee may reduce or waive a subscription in exceptional circumstances. |
5.3 | No person shall be eligible to take part in the business of MJCA, vote at the Annual General Meeting or Extraordinary General Meeting unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Executive Committee. |
5.4 | The Executive Committee may refuse membership, or remove it, at their discretion but only for good cause such as poor conduct likely to bring MJCA or cricket into disrepute; for the purposes of these regulations the ‘Member’ shall mean not only Member Clubs but also Club Officials, MJCA Vice Presidents, Associate Members and Playing Members. The procedure for taking disciplinary action against a member, including removing membership is as per the Disciplinary procedures in Article 6. |
5.5 | The Executive Committee may only refuse to admit a new member if a resolution is passed at a meeting where the applicant in question has been notified in writing in advance and been given 14 days to submit written representations for the Executive Committee to consider at the meeting. Appeal against a refusal of membership shall be to the Appeal Committee as detailed below. |
5.6 | All members will be subject to rules and clauses in the constitution and by joining MJCA will be deemed to accept these Rules, Clauses, any MJCA regulations and any Codes of Conduct that MJCA has adopted. |
5.7 | The MJCA Executive Committee will keep a register of non-playing members. All playing members shall be registered on Play-Cricket or any subsequent versions by member clubs. |
5.8 | Membership is not transferable. A member may resign by written notice to MJCA, but the return of any subscription paid is at the discretion of the Executive Committee. |
5.9 | Member Clubs may resign from membership by written notice to the Executive Committee. Such notice must be received no later than 30th September in any year, otherwise the subscription for the following year shall remain due. |
5.10 | The Executive Committee may terminate the membership of any Member Club whose annual subscription has not been paid by the 31st March in the current year. |
- Removal of Membership, Discipline & Appeals
6.1 The Executive Committee shall have the power to reprimand, to ban or remove from membership any Member acting in a manner contrary to the ECB Code of Conduct and Spirit of Cricket or the interests of the MJCA. For the purposes of these disciplinary regulations the ‘Member’ shall mean not only Member Clubs but also Club Officials, Vice Presidents, Associate Members and Playing Members 6.2 Any alleged breach of paragraph (6.1) shall be notified in writing to the Chair of the Disciplinary Committee. If the breach falls involves an Under 18 then the MJCA Safeguarding Officer and the relevant Club Safeguarding Officer must be informed and follow the guidance as per the MJCA Disciplinary proceedings for Under 18’s and any subsequent versions of this policy. 6.3 Upon receipt of such a breach and as soon as reasonably practical the Chair of the Disciplinary Committee shall consider the breach and resolve either to i) take no action except to record the breach and notify the club or ii) to refer the matter to a Disciplinary Committee, unless they have a vested interest in the incident or breach in which case the Chair of the Cricket Committee will appoint an appropriate person to conduct the review. 6.4 Any person and/or organisation that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the relevant committee in reasonable time to prepare for any hearing. The named person and/or organisation may be suspended from all MJCA activities until the issue is resolved. 6.5 The Disciplinary Committee will normally meet to hear complaints within 14 days of a complaint being lodged. The disciplinary process may be conducted virtually or in person to expedite the process or support individual needs. Any person requested to attend a Disciplinary Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Disciplinary Committee, should have a minimum of three members and has the power to take appropriate disciplinary action on behalf of the Committee, including the termination of MJCA membership. The decision of the Disciplinary Committee shall be a majority vote, where necessary the Chair having the casting vote. 6.6 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within 7 days following the hearing. 6.7 There shall be a right of appeal within 7 days of receipt of the disciplinary decision or decision to refuse membership. 6.8 In either case, the Executive Committee shall appoint an appeals committee (“Appeals Committee”). The Appeals Committee shall have a minimum of three members, one of which will be a Middlesex Cricket Representative, and shall not include members involved with the initial disciplinary hearing but may include non-members of MJCA. If notice of appeal is given the penalty shall not take effect pending the hearing of appeal, which shall take place as soon as is practicable. The Appeals Committee shall consider the appeal within 14 days of the MJCA Chair receiving the appeal. The individual who submitted the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Appeals Committee may confirm, vary or reverse the decision of the Disciplinary Committee. The decisions of the Appeals Committee shall be by majority vote, where necessary, the Chair shall have a casting vote. The decision of the Appeals Committee or, if no appeal, of the Disciplinary Committee, shall be final and binding.
- Officers of MJCA
The Officers of MJCA shall be:President Chair of the MJCA Vice Chair of the MJCA – Chair of the Cricket Committee Treasurer Safeguarding Officer 7.1 No Officer except the President shall hold the same office for more than 5 consecutive years, from the adoption of the revised constitution dated 16th of March 2022. However the Executive Committee may upon an agreed motion at the Annual General Meeting (AGM) extend the period of office by no more than one further year.
- Executive Committee
8.1 The general management of MJCA and of its funds shall be vested in the Executive Committee. It will receive and take action on the following reports: Financial; Cricket Committee Reports/Minutes and Recommendations; Middlesex Cricket matters relating to Junior Cricket; Constitutional & Governance matters; Development & Strategic Planning; Membership including Area Structures and Boundaries; Disciplinary/Safeguarding. The Executive Committee shall consist of the following members:
- President
- Chair of the MCJA
- Vice-Chair (Chair of the Cricket Committee)
- Treasurer
- Safeguarding Officer
- Website and Management Information Manager (appointed by the Executive Committee)
- Representative from Middlesex Cricket
8.2 | The Executive Committee will appoint a Committee Secretary in a non-voting role. The Executive Committee may co-opt up to three persons to serve on the committee during the year. |
8.3 | The Executive Committee shall meet no less than four times a year. |
8.4 | The Committee Secretary, or in their absence the Chair, shall ensure that seven clear days’ notice of a meeting is given to each member |
8.5 | The quorum will be no less than one third of its members |
8.6 | The Executive Committee shall have the powers to create clauses relating to the management of MJCA, such clauses being binding upon all members but always providing that no clause shall be valid if it is inconsistent with the articles of the constitution. No clauses shall continue in force beyond the date of the next Annual General Meeting unless specifically approved thereby. |
- Cricket Committee
9.1 Responsible for all aspects for Playing, Rules and Competitions including making recommendations to MJCA Executive Committee in relation to those activities. Authority to set up Task & Finish Groups in relation to its responsibilities. Receive the following reports and undertake the following business: – Rules and Playing Regulations; Competitions – Summer & Winter; Area Reports; Disciplinary/Safeguarding. The Cricket Committee shall consist of the following members:
- Cricket Committee Chair
- President (ex-officio)
- Chair of Constituent Areas (Geographical Areas, Girls cricket, Indoor Cricket)
- Safeguarding Officer
- Honorary Secretary (non voting)
- Representative from Middlesex Cricket
9.2 The Cricket Committee will appoint a Committee Secretary in a non-voting role. The Cricket Committee will appoint a Chair of the Disciplinary Committee, the position will be independent of the Executive and Cricket Committees. The Cricket Committee may co-opt up to three persons to serve on the committee during the year. 9.3 The Cricket Committee shall meet no less than four times a year. 9.4 The Committee Secretary, or in their absence the Chair, shall ensure that seven clear days’ notice of a meeting is given to each member 9.5 The quorum will be no less than one third of its members
- Constituent Areas and Area Executive Committee
The Executive Committee will allocate member clubs into Constituent Areas (such as per Geography, Girls, Indoor), and can create or amend the membership of the Constituent Areas. An Area Executive Committee shall be established for each Constituent Area and shall consist of:--
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- The Area Officers, namely the Chair, Vice-Chair and Treasurer (if appropriate). The Area Officers shall not hold the office for more than 5 consecutive years. However, the Area Executive may, upon an agreed motion at the Area AGM, extend the period of office by no more than one further year.
- Such representatives of Member Clubs within the Area, each Member club to have one vote.
- Representative from Middlesex Cricket
- Up to three persons co-opted at the discretion of the Area Executive Committee.
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Each Constituent Area Executive Committee shall meet no less than four times a year, one of which is an Annual General Meeting which is to be held in the two months preceding the MJCA AGM.
- Sub Committees
The Executive Committee may appoint from their own number such sub-committees as they deem necessary from time to time and may co-opt onto a sub-committee any member of MJCA. The scope of the sub-committees activity and powers; the extent to which it can commit funds; its membership and its duty to report back to the Executive Committee must be agreed. Any sub-committee so appointed shall continue in office until the next Annual General Meeting or Area Annual General Meeting. Such sub-committees shall report back to the Executive Committee on actions taken under delegated powers.
- All Committees Structure and Conduct
12.1 All Committees shall consist of at least three members 12.2 At least three of the Committee must be unrelated to each other and not co-habiting. 12.3 The Committee members shall consider skills needed and diversity on the committee. 12.4 Whenever a committee member has a personal interest in a matter to be discussed he/she must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned. Conflicts of Interest must be recorded and minuted. 12.5 Committee meetings should be held face to face; however meetings may be held by virtual means agreed by the Committee in which all participants may communicate simultaneously with all other participants 12.6 A resolution in writing signed manually or electronically by every Committee member shall be valid without a meeting
- MCJA Annual General Meeting
13.1 The MJCA Annual General Meeting shall be held as soon after the end of January as possible. Not less than 14 days’ notice in writing thereof accompanied by the Agenda shall be sent by the Executive Committee Secretary, or in their absence the Chair to :- ·
- Each Officer of the Association ·
- Members of the Executive Committee, Cricket Committee and Constituent Area Committees. ·
- Junior Manager/Secretary of each member club ·
- Vice President and Associate Members of MJCA
13.2 Attendance at the Annual General Meeting shall be limited to those persons listed in Article 13.1 and any other persons invited by the Executive Committee. Annual General Meetings should be held face to face; however they may be held by virtual means in exceptional circumstances as agreed by the Executive Committee. 13.3 The Chair at the Annual General Meeting shall be taken by the retiring Chair of the MJCA. The agenda shall include :- ·
- Consideration of the Annual Report and Accounts of the Association. ·
- Receive reports from the Chair of the Executive Committee and the Chair of the Cricket Committee ·
- Election of Officers of the Association and Vice-Presidents for the ensuing year.
- Appointment of Independent Examiner. (The accounts for the year just ended shall be subject to independent examination by an appropriately qualified person (or persons) who is not an Officer or member of the Management Committee (and has not been an Officer or member of the Management Committee for the previous three years) and shall be presented to members at each Annual General Meeting. The Independent Examiner shall be approved at each Annual General Meeting). ·
- Any other business of which not less than 14 days’ notice shall have been given to the Executive Committee Secretary
13.4 Nominations for all elections held, and notice of any other business to be conducted, at the Annual General Meeting must be given in writing to the Executive Committee Secretary not less than 7 days beforehand. 13.5 All resolution/elections shall be decided by a simple majority of the votes cast on a show of hands. Voting rights are extended to the following:- ·
- Each Officer of the Association ·
- Members of the Executive Committee, Cricket Committee and Constituent Area Committees. ·
- Junior Manager/Secretary of each member club (one member per club with voting authority) ·
- Vice President and Associate Members of MJCA
13.6 The quorum for the Annual General Meetings is 20 persons qualified to vote as listed in Article 13.5. 13.7 Formalities in connection with the Annual General Meeting (such as notice, how to put down resolutions and nominate candidates for election to the Committee) shall be publicised including those entitled as per Article 13.1 and on the MJCA website
- Extraordinary General Meeting
14.1 An Extraordinary General Meeting with the same persons entitled or invited to attend as in Article 13.1 shall be called at any time on the instructions of :
- the President
- or of the Chair of the MJCA
- or on the written request (giving at least 28 days’ notice and stating the reason for calling the meeting to the County Executive) of all Constituent Area Chairmen or of 20 Member Clubs or of 20 Vice-Presidents or Associate Members.
14.2 It shall be the duty of the Executive Committee Secretary to convene such a meeting giving 21 days’ notice to all those entitled to attend. If the Committee fails to call a meeting within 14 days of receiving a valid request from the members then the requisitionists may themselves call a meeting, the costs of which will be reimbursed by MJCA.
- TRUSTEES OF THE MIDDLESEX JUNIOR CRICKET ASSOCIATION (MJCA) CHARITY
The Middlesex Junior Cricket Association (MJCA) is registered as an authorised Charity with the Charity Commission for England and Wales. Charity Number: 291966All property of MJCA shall be held in trust for it by at least two Trustees as the Executive Committee may from time to time appoint.:15.1 The Executive Committee shall have power by notice in writing to appoint such trustees from the membership of MJCA, and may remove them at any time, by resolution of the Executive Committee. 15.2 The trustees shall deal with the MJCA’s property and assets as directed by the Executive Committee from time to time. 15.3 The trustees shall be entitled to be indemnified against any cost or expense properly incurred in dealing with the property or the assets out of the MJCA’s funds.
- Financial
16.1 The financial year of the Association shall end on the 30th September each year. 16.2 All monies received for or on account of MJCA shall be paid to the credit of such bank or other accounts in the name of the MJCA as the Executive Committee shall direct. 16.3 Cheques/Payments drawn on any of the MJCA’s bank accounts shall be signed by one of any three members of the Executive Committee as nominated by the Executive Committee, up to a figure specified by the Executive Committee, and two or three signatures over that figure. The Executive Committee shall issue guidance to each Constituent Area Committee on the areas banking arrangements. 16.4 Proper books of account of the MJCA financial activities shall be kept and accounts prepared at the end of the year which shall be subject to independent examination by an appropriately qualified and independent person. 16.5 No dividend, bonus or other distribution out of its funds shall be made to any Officer, Vice-President, Member, Associate Member or Playing Member of the MJCA, save only that trophies may, at the discretion of the Executive Committee, be awarded to playing members or member clubs. 16.6 Members of all of the MJCA Committees shall not be remunerated by the MJCA but can be reimbursed for their reasonable out-of-pocket expenses properly incurred in advancing the purpose of MJCA. 16.7 The MJCA may indemnify the Committee and members acting properly in the course of the running of MJCA against any liability incurred in the proper running of the MJCA (but only to the extent of its assets). 16.8 The MJCA may pay for insurance protecting both itself and its Committee and members against losses and claims.
- Disclosure and Notices
Annual reports and statements of account must be made available for inspection by any member and all records may be inspected by any Committee member.17.1 Notices to be sent out in accordance with these Rules may be sent by hand, by post or by suitable electronic means and will be treated as being received: 17.2 Notice of all Executive Committee and Cricket Committee meetings must also be put on the MJCA website 17.3 A technical defect in the giving of notice of which the members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.
- Amendment of the Constitution
This Constitution may be amended by two-thirds majority of the members present at an Annual or Extraordinary General Meeting, provided that 14 days’ notice of the proposed amendment has been sent to all members. Provided that no alteration shall be made which will cause the MJCA to cease to be a charity at law.
- Dissolution
The MJCA may be dissolved by a resolution passed by a two-thirds majority of those present and voting at an Extraordinary General Meeting convened for the purpose of which 21 days’ notice shall have been given to the members. Such resolution must give instructions for the disposal of any assets held by or in the name of MJCA, provided that if any property remains after the satisfaction of all debts and liabilities such property shall not be paid to or distributed among the Members of MJCA, but shall be given or transferred to such other Charitable Institution or institutions who have objects similar to some or all of the objects of the MJCA, as the MJCA may, with the approval of the Charity Commissioners, determine.