RULES OF THE SURREY COUNTY LAWN TENNIS ASSOCIATION
As agreed following the 28 September 2016 EGM and the 8 December 2016 AGM
1. The Association shall be called the “Surrey County Lawn Tennis Association” (hereinafter referred to as “the Association”) and shall be affiliated to the Lawn Tennis Association Limited (hereinafter referred to as “the LTA”) which includes in these Rules any successor entity or entities.
NOTE. For the purpose of these Rules, county boundaries shall be those defined from time to time by Act of Parliament except that Greater London shall not be treated separately and the following shall be regarded as Surrey:-
Croydon, Kingston-upon-Thames, Lambeth, Merton, Richmond-upon-Thames (south of the River Thames), Southwark, Sutton, Wandsworth
2. The objects of the Association shall be:-
2.1 To advance and safeguard the interests of the game of Lawn Tennis (hereinafter referred to in these Rules as “the Game”) in the county and to uphold and maintain in the county the rules of the Game and the rules and regulations of the LTA and subject thereto to make, vary, alter, maintain and enforce rules and regulations for the control and governance of the Game in the county.
2.2 To employ the funds of the Association for the purposes and objects of the Association in such a manner as shall be deemed in the best interests of the Game. The funds or other property of the Association shall not be returned or distributed among the members of the Association, but shall be employed solely in the furtherance of those objects or for any charitable purpose. In the event of dissolution, the funds remaining will be devoted to objects similar to those of the Association, or for any charitable purpose.
2.3 To invest any part of such funds as shall not be required immediately for the said purposes and objects in such manner as may be considered advisable from time to time and to charge all or any of such investments to secure the repayment of any temporary advance of money made to the Association for such purposes and objects.
2.4 To arrange, regulate and/or manage matches between the County of Surrey and other Counties or Associations, and to hold county championships and county competitions and to make, maintain and enforce rules and regulations in connection therewith.
2.5 To deal with such matters as may be referred to it by the LTA and applications by venues and committees in the county for the holding of new LTA official tournaments or any changes in the dates of other LTA official tournaments.
3.1 An entity shall qualify for registration as a Member, and thereby for registration as an associate of the LTA, if the Council of the Association deems (in accordance with the LTA’s guidelines) that such entity provides organised tennis opportunities. Such an entity shall include, but not be limited to:
(a) a members’ or commercial tennis club;
(b) a park-based tennis programme;
(c) a school-based tennis programme for the community which operates out of curriculum hours;
(d) an indoor pay and play tennis centre;
(e) a tennis academy; and/or
(f) a further education or higher education tennis club,
provided that in each case, it has a written constitution or set of rules governing its operation approved by the Council.
3.2 If a dispute arises as to whether an entity qualifies to be registered as a Member, the Council shall refer the matter to the President of the LTA whose decision on the matter shall be final.
3.3 Any organisation which wishes to become a Member must complete an on-line registration or submit an application in such form as the Council shall decide. Subject to rule 3.1 and 3.2, election to membership shall be in the sole discretion of the Council.
3.4 Each Member agrees as a condition of membership of the Association and association with the LTA:
(a) to be bound by and subject to these rules (as in force from time to time);
(b) to be bound by and subject to the LTA Rules and the LTA Disciplinary Code; and
(c) to ensure that its underlying members, any unlicensed and unregistered coaches and, so far as reasonably practicable, players using its facilities (the “Member’s connected parties”) are bound by and subject to the LTA Rules and the LTA Disciplinary Code by obtaining the formal agreement of the Member’s connected parties, as a condition of membership, association, registration, election or as otherwise appropriate, to be bound by and subject to the LTA Rules and the LTA Disciplinary Code. Such agreement shall contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999 applies and that the LTA can enforce any breach at its option and in its sole discretion.
3.5 Rule 3.4 confers a benefit on the LTA and, subject to the remaining provisions of this rule, is intended to be enforceable by the LTA by virtue of the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the associates do not intend that any term of these rules, apart from rule 3.4, should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this agreement.
3.6 The LTA and the Council may terminate the membership and association of any person, or impose any other sanction they determine to be appropriate, in connection with the breach of any condition of membership and association set out in this rule.
3.7 A Member may withdraw from membership of the Association on notice of 30 clear days to the Association. Membership shall not be transferable in any event and shall cease immediately on death or dissolution.
3.8 The Association may admit the following as Members of the Association but such Members shall not be entitled to vote at annual and extraordinary general meetings or to any of the benefits or services provided by the LTA:
(b) Life Vice-Presidents ;
(c) Such other clubs, individuals or organisations as the Council shall decide shall be entitled to become Members;
(d) Past-Presidents who shall automatically be entitled to become a Member on leaving office as President.
4.1 With effect from the 2017 AGM the Council shall appoint a President of the Association.
4.2 Up to the 2017 AGM the Association shall be managed by a Council consisting of the President, Treasurer and Secretary (hereafter referred to as the Officers of the Association) and a maximum of fourteen Councillors. With effect from the 2017 AGM, the maximum number of Councillors will fall to twelve and the President shall no longer be an Officer or a member of Council but shall be entitled to attend Council meetings in a non-voting capacity. Subject to Rule 12.5, all Officers shall be elected annually. Again subject to Rule 12.5 and also subject to Rules 4.4 and 4.5 all Councillors shall be elected for a period of up to three years and required to retire by rotation in accordance with Rule 4.3.
4.3 At each AGM in or after 2017, one third of the existing Councillors eligible and standing for election or re-election (or if their number is not divisible by three the number nearest to one third) shall retire from the Council but shall be eligible for election or re-election. The Councillors to retire at any AGM shall be those who have served longest since their last election or re-election, but as between persons who became or were last elected on the same day, those to retire shall be determined by lot.
4.4 No-one shall be eligible to serve as Secretary, Treasurer or Councillor:
(a) after the 2017 AGM if they are over the age of 80 at the 2017 AGM; or
(b) after the 2018 AGM if they are over the age of 75 at the date of the AGM in question.
4.5 Subject to Rule 4.6, no-one shall be eligible to serve as Secretary, Treasurer or Councillor:
(a) after the 2017 AGM if they have served on Council for a period of 35 years or more at the date of the 2017 AGM;
(b) after the 2018 AGM if they have served on Council for a period of 30 years or more at the date of the 2018 AGM;
(c) after the 2019 AGM if they have served on Council for a period of 25 years or more at the date of the 2019 AGM;
(d) after the 2020 AGM if they have served on Council for a period of 20 years or more at the date of the 2020 AGM; or
(e) after the 2021 or any subsequent AGM if they have served on Council for a period of 15 years or more at the date of the AGM in question.
For the purposes of this Rule and Rule 4.6 a “year” shall be treated as the period (of whatever length) between the date of an AGM and the date of its succeeding AGM.
4.6 Should anyone not serve on Council for three consecutive years, the period of service on Council for the purposes of Rule 4.5 shall start on the return to Council after the fallow period of three consecutive years or more.
PATRONS AND OTHER MEMBERS
5.1 Any person at the discretion of the Council shall be eligible for election as a Patron.
5.2 Every application for membership shall be sent to the Patrons’ Secretary (Patrons) or Secretary (Others) and every applicant for registration must be proposed by an Officer of the Association or a Member of the Council or an official of any Member. Applications by prospective Patrons will be decided by the County’s Patrons’ Committee who may make restrictions to numbers and residency as decided by Council.
5.3 The acceptance or rejection of an application shall be in the discretion of the Council, whose decision shall be final.
5.4 Patrons and Other Members shall be invited to the Annual and all Extraordinary Meetings of the Association but with no right to propose or second a resolution or to vote unless representing a Member as at 11 below, and such other and further privileges and advantages as the Council may decide.
APPLICATION FOR MEMBERSHIP
6. Every application for membership by any eligible organisation must be made on a form to be obtained from the Secretary and returned to him, together with a copy of the rules of the organisation.
7.1 The annual subscription for each type of Member referred to in rule 3.1 shall be recommended by the Council and shall be determined by the Association at its Annual General Meeting each year. Such annual subscription may exceed the minimum annual subscription described below.
7.2 The minimum annual subscription for each Member referred to in rule 3.1, which shall be deemed to include any taxation which may be payable thereon, shall be calculated by multiplying the number of courts of each surface to which that Member has “regular access” (whether through a lease, user agreement and/or such other arrangement or understanding) by the applicable “court fee”. Court fees shall be determined by the LTA; regular access means access on an exclusive basis for at least 15 hours per week (for at least 40 weeks per year).
7.3 In respect of Members referred to in rule 3.1 that do not have “regular access” to tennis courts, a fixed minimum annual subscription, determined annually by the LTA, shall apply.
7.4 Unless the LTA or the Association determines otherwise on a case by case basis, the annual subscription of Members referred to in rule 3.1 in respect of each year to 30 September shall be payable between 1 October and the following 28 February.
7.5 The annual subscription of Members referred to in rule 3.1 may be paid to the LTA as agent of the Association.
7.6 The annual subscription of Members referred to in rule 3.1 shall include the amount, if any, payable in respect of benefits or services provided by the LTA.
7.7 Any Member referred to in rule 3.1 whose first subscription remains unpaid for one calendar month after the receipt of notice of membership, or whose annual subscription in any subsequent year remains unpaid by 28 February, shall, if the LTA so resolves, cease to be eligible for grants and other advantages offered to Members by the LTA.
7.8 Any Member whose subscription is not paid by such date as the Council shall decide each year shall be deemed to have resigned his membership of the Association.
NON-PAYMENT OF SUBSCRIPTION
8. Any Member whose first subscription remains unpaid for one calendar month after receipt of notice of membership or whose annual subscription for any year remains unpaid after 30 June in such year shall cease to be a Member of the Association unless and until the Council shall agree to re-instatement following payment of all outstanding amounts. Any Patron whose annual subscription remains unpaid after two months from the due date shall be liable to forfeit membership.
9. The financial year of the Association shall close on the 30th day of September in each year and a statement of the accounts for such year shall be prepared by the Treasurer as soon as possible thereafter and the same shall be examined by and reported on by an independent reporting accountant.
10.1 A general meeting of the Association (the “AGM”) shall be held within four months of the end of the Association’s financial year. The ordinary business of a general meeting shall be:
to receive the report of the Council and the Treasurer’s statement of accounts for the past year, duly examined by the independent reporting accountant;
to elect the President, Life Vice-Presidents (who must be proposed by the Council), Treasurer, Secretary, Independent Reporting Accountant and members of the Council for the ensuing year.
10.2 If the number of candidates standing for election to the Council exceeds the number of vacancies, representatives voting may vote for any number of the candidates they choose, without exceeding that number of vacancies.
10.3 All other business transacted at a general meeting shall be deemed special business.
10.4 An extraordinary general meeting of the Association may be convened by the Council whenever it thinks fit, and shall be convened by the Secretary within six weeks after the receipt by him of a requisition in writing to that effect by five or more Members. Every such requisition shall specify the business for which the meeting is to be convened and no other business shall be transacted at such meeting. A notice convening any extraordinary general meeting shall specify the business to be transacted.
10.5 No business other than the formal adjournment of the meeting shall be transacted at any general meeting unless a quorum is present and such quorum shall consist of not less than twenty persons present and entitled to vote.
10.6 All ordinary business of a general meeting shall be decided by a bare majority of the votes recorded at such a meeting, and all special business shall be decided by a two-thirds majority of the votes recorded at such meeting, unless prior to any vote being taken, a ballot is (1) directed by the Chairman or (2) demanded by not less than seven persons present and entitled to vote. The Chairman shall have a casting vote.
10.7 The Chairman at any general meeting shall be the Chairman of the Council or, in his absence, the President of the Association. If neither the President nor the Chairman of the Council be present the meeting shall appoint its own Chairman.
10.8 Notice of all general meetings shall be sent to the officers and other members of the Council, the President, Past-Presidents, Life Vice-Presidents, Patrons and to the Club Main Contacts or Secretaries of all Members, at least fourteen days prior to the date fixed for each meeting. Such notice shall specify the date, time, place of the meeting, and the business to be transacted, and in the case of an annual general meeting the names of the persons nominated for Council for the ensuing year, being (subject to Rule 4.1) President, Treasurer, Secretary and Councillors. A copy of the report of the Council and of the Treasurer’s statement of accounts shall also be sent with such notice.
10.9 The accidental omission to give any such notice to any persons entitled thereto shall not invalidate the proceedings at any general meeting.
REPRESENTATION AND VOTING AT GENERAL MEETINGS
11.1 At all general meetings, every Member which has no more than 3 courts shall be entitled to one representative, who shall have a vote. Every Member which has 4 or 5 courts shall be entitled to two representatives, both of whom shall have a vote; and every Member which has 6 or more courts shall be entitled to three representatives, each of whom shall have a vote. Each representative must be a member of the organisation he represents and he can only represent or vote for that organisation.
11.2 Every Officer and other member of the Council shall be entitled to one vote at all General Meetings. However any Officer or Councillor who is present at a meeting as a representative of a Member automatically relinquishes his or her entitlement to vote as an Officer or Councillor at such meetings.
NOMINATIONS AND MOTIONS
12.1 Any Member may nominate for the ensuing year one candidate for each of the respective offices of President, Treasurer and Secretary. Any member may nominate for the ensuing year two candidates as Councillors. With effect from the 2017 AGM, the Council shall appoint the President.
12.2 All nominations shall be sent in writing to the Secretary and be received by him not later than 15th October.
12.3 No person shall hold more than one seat upon the Council and any person accepting nomination to the Council who has any financial interest in the Game must, before his or her election, state in writing to the Association all such interests. Failure to do so will lead to automatic disqualification from Council membership. The Council has the right to veto such an election if, in its opinion, it is not in the best interests of the Game.
12.4 The retiring Officers and Councillors shall continue to hold office until the conclusion of the annual general meeting or any adjournment thereof.
12.5 The Council may, by resolution at a Council meeting, co-opt Officers to fill any casual vacancy and co-opt additional Councillors to the extent that their number falls below the maximum specified in Rule 4.2. Anyone so co-opted shall serve until the first AGM after co-option. They may offer themselves for election subject to Rule 12.1.
12.6 The Council or any Member may bring forward any resolution or motion at the annual general meeting provided that in the case of Members due notice thereof is given in writing to the Secretary and received by him not later than the 15th day of October in each year.
13. A Patron or any Member wishing to withdraw from the Association must give notice in writing to the Patrons’ Secretary (Patrons) or the Secretary (other members) within six months of the date on which subscriptions are payable (see Rule 7) and in default will be liable to pay the subscription for that year, but no notice will be accepted from the same who has since the previous 30th September attended any of the meetings of the Association or has taken the benefits of rights of membership.
POWERS OF THE COUNCIL
14. The Council shall:-
14.1 At its first meeting appoint its own Chairman to act for the ensuing year.
14.2 Carry out the objects of the Association specified in Rule 2 except such of them as can only be dealt with by the Association in general meeting.
14.3 Consider and deal with all applications for membership and decide all questions as to the right of representation at general meetings.
14.4 Appoint a Patrons’ Committee and delegate to that Committee such powers as are necessary to develop and administer the Patrons scheme. The Patrons’ Committee will also be responsible for the preparation of financial accounts of its activities for presentation at the Annual General Meeting of the Association.
14.5 Decide all questions of eligibility of persons nominated to serve on the Council.
14.6 Nominate the Councillors to serve on the Council of the LTA.
14.7 Appoint such Officials, Committees and Sub-Committees as necessary (including power to appoint persons who are not members of Council) and accord to the same, as it thinks fit, power to act. The Secretary and Treasurer shall be Ex-Officio Members of such Committees and Sub-Committees.
14.8 Authorise payment of expenses to County Representatives as the Council consider fit and proper.
14.9 Decide all questions (reserving to themselves the right to refer any matter to the Council of the LTA).
14.10 Appoint an independent reporting accountant in the case of a casual vacancy.
14.11 Decide any other matters relating to the management of the Association.
15.1 A meeting of the Council may be convened at any time and place by the Secretary when deemed necessary by him but not less than two meetings shall be held annually. A meeting of the Council shall be convened by the Secretary within fourteen days after receipt by him of a requisition to that effect signed by at least three members of the Council. Such requisition shall state the purpose for which the meeting is to be called.
15.2 Notice of every meeting stating the business to be transacted at it shall be sent to every member of the Council at least seven days prior to the date fixed for such meeting.
15.3 Seven members of the Council present at a meeting shall form a quorum.
COUNTY COLOURS AND TIES
16.1 To qualify for the award of full County Colours, which shall be made at the discretion of the Council, team members must have played in at least seven County matches of which three must have been in the Inter-County LTA Championships provided the County is playing in such Championships.
16.2 The County Colour holders’ tie, which shall be different in design from that of the County tie, may only be worn by full County Colour holders.
16.3 To qualify for the award of Veteran County Colours, which shall be made at the discretion of the Council, team members must have played in at least seven County Veterans LTA Championships provided the County is playing in such Championships.
16.4 The County tie may be worn by all full Colour holders, Past Presidents, Life Vice-Presidents, serving officers and members of the Council and any other such persons as the Council shall determine.
16.5 The design of County Colours and ties shall be determined by the Council.
17. The Association shall immediately on notification of a claim fully indemnify and hold harmless officers and members of its Council; committee members; sub-committee members and members of its professional staff, from and against any cost, expenses, liabilities and awards arising out of any action instituted at any time against the Association or any of above such persons as a direct result of the reasonable and lawful activities of such persons where they are/were acting within the scope of the Association’s responsibilities, rules and objectives.
ALTERATION OF RULES
18. No alteration shall be made in these Rules except at the general meeting by a resolution (specifying the proposed alteration) carried by a majority of at least two-thirds of the votes cast at the meeting and any alterations so made shall take effect forthwith unless the meeting shall by the like majority otherwise decide.