Constitution


[DUNFERMLINE RUGBY FOOTBALL CLUB
CONSTITUTION AND RULES
(As amended 8th March 2021)

1. NAME AND OBJECTS
(a) The Club shall be called Dunfermline Rigby Football Club.
(b) The objects of the Club shall be to encourage and develope the interest amongst adults, young people and children in Rugby Football as administered by the Scottish Rugby Union of which body it shall be a member and uphold the Clubs core values by creating a positive and inclusive environment where competitive rugby can be enjoyed by all.

2. MEMBERSHIP
(a) The membership of the Club shall consist of Junior (under 18 years of age), Playing, Patrons, Country and Honorary Members, all as hereinafter provided. Adult members shall be entitled to vote at Annual General Meetings and Special General Meetings.
(b) Membership, other than Country Membership, shall be open only to members of Dunfermline Sports Club of which Dunfermline Rugby Football Club shall be the Rugby Section.
(c) A member, or prospective candidate for membership of Dunfermline Sports Club, wishing to become a member of Dunfermline Rugby Football Club or an individual wishing to become a Country Member of Dunfermline Rugby Football Club, shall submit an application in writing to the Membership Secretary.
(d) Membership is open to all and no application for membership will be refused on other than reasonable grounds. There will not be discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, politics and other opinion.
(e) The Club operates an Equal Opportunities Policy, there is equality of opportunity in terms of playing rights and the rights of members to attend general meetings, vote and hold office.
(f) Patrons – Non-playing members who contribute such annual subscription as may be fixed at the Annual General Meeting, in addition to their subscription to Dunfermline Sports Club shall be considered.
(g) Country Membership – Non-playing member or non-playing prospective member residing at a considerable distance from Dunfermline who could not normally avail themselves of the facilities of the Sports Club shall be considered a Country Member. Such a member shall contribute as a Patron excluding however the subscription due to the Dunfermline Sports Club.
(h) Honorary Membership – The Management Committee may appoint as an Honorary Member any person who, in the opinion of that Committee, is deemed worthy of the appointment. Such members will have all the privileges of membership.
(i) The Constitution and Rules – will be displayed at all times on the Club’s website, Notice Board and copies will be available on request from the Secretary.
(j) Resignation – Any member wishing to resign their membership of the Club must give notice in writing to the Secretary prior to the date of the Annual General Meeting, failing which the subscription for the financial year which has then commenced, will be due by the member.
(k) Suspension – The Management Committee will have the power to suspend or expel any member who shall offend against the Rules or Bye-laws of the Club or whose conduct in the opinion of the Management Committee render them unfit for membership of the Club. No member shall be expelled without first having the opportunity of appearing before the Management Committee and answering the complaint made against them, nor unless at least two thirds of the Committee then present vote in favour of their expulsion.
(l) Child Protection – The Club is fully committed to safeguarding the welfare of all children in its care. It recognises the responsibility to promote safe practice and to protect children from harm, abuse and exploitation. Staff and volunteers will work together to embrace difference and diversity and respect rights of young people and children.

3. STRUCTURE AND MANAGEMENT
(a) The Office Bearers of the Club shall consist of an Honorary President, four or more Honorary Vice-Presidents, a President, a Vice President, an Honorary Secretary, an Honorary Treasurer, an Honorary Fixtures/Referees Secretary, the Club Captain, Club Vice captain and the 1stXV Men and Ladies Captains, who will be elected at the Annual General Meeting of the Club. All office bearers shall be eligible for re-election.
(b) The business and affairs of the Club shall be entrusted to a Management Committee consisting of the President, Vice President, Immediate Past President, Secretary, Treasurer, Fixture/Referees Secretary, Club Captain and Club Vice- Captain and ten members. The aforesaid ten members shall be elected at the Club’s Annual General Meeting and shall be eligible for re-election. The 1stXV Men and Ladies Captain, the Youth Convener, Membership Secretary, Sponsorship/Fund raising Convener, Media Convener and Facilities Convener shall have preference within these ten members. The Management Committee shall have full powers to deal with anything connected with the Club, including co-opting of a member of the Club to fill a casual vacancy on the Committee but nothing herein contained shall in anyway interfere with the jurisdiction and powers of the Scottish Rugby Union over the Club and its members. Five of the Management Committee shall for a quorum.
(c) The Management Committee will nominate members of the Club not necessarily members of the Management Committee to serve on the Management Committee of Dunfermline Sports Club.
(d) The Secretary shall present their report of the past season’s activities to the Annual General Meeting.
(e) The financial year of the Club shall end on the 30th of April. Complete and accurate accounts shall be kept showing income and expenditure transactions and balances. AS approved by the Management Committee, bank accounts in the Club’s name shall be operated into which monies received shall be deposited. The Annual Accounts of the Club independently examined by a Chartered or Certified Accountant or suitable person in practice in Dunfermline appointed at the Annual General Meeting, shall be exhibited on the Club’s premises at least seven days prior to the date of the Annual General Meeting to which they will be submitted.
(f) All property of the Club, whether heritable or moveable and including land, leases and investments, shall be held by the President, Vice-President and Secretary for the use and benefit of the Club and Trustees.
(g) With the consent of the majority of the Committee and Trustees, the Management Committee shall have power 1) to enter into contracts and sign documents in connection with the purchase, sale, lease, mortgage or pledge of property, whether heritable or moveable, on behalf of the Club and 2) to borrow money on behalf of the Club.
(h) If so authorised by Minutes of the Management Committee, the Secretary or the Treasurer and one member of the Committee shall have power in all questions between the Club and any of the members or third parties to institute/defend and follow legal proceedings in the name of the Club.
(i) For the better management of the Club, the Management Committee shall have power to frame Bye-Laws not inconsistent with these Rules, which shall be deemed to have equal force and authority as if, incorporated in the Constitution and Rules.

4. SUBSCRIPTIONS
(a) Subscriptions, as fixed at the Annual General Meeting, shall be due on the 1st of September of each year and be set for the following twelve months. Settlement of subscriptions due can be made as a single payment for the year or by instalment plan as offered by the Club but must be paid in full whichever method is selected. The annual subscription will include the amount due for membership of Dunfermline Sports Club.
(b) The Management Committee shall withdraw facilities from a member who fails to make payment of their subscription when due if no acceptable excuse is given by the member upon default to said committee.

5. TEAM SELECTION
(a) Team selections for all Senior men and ladies teams are the responsibility of the Head Coach, supported by the Director of Rugby and as required by the coaching team, Club Captain and Team Captains. Team selection for the Colts (U18’s teams) is the responsibility of the Colts Head Coach, supported by the Director of Rugby and by the coaching team.
(b) Appointments of Team Captains and team selection for all other Youth teams is the responsibility of the Youth Convener. In practice this responsibility will usually be delegated to age group coaching teams.

6. MEETINGS
(a) The Annual General Meeting of the Club will be held by the end of the third week in June each year and shall be called by electronic Notice served on each member at least seven days prior to the date of the Meeting and stating business of the Meeting.
(b) A Special General Meeting may be convened at any time by the Management Committee or on receipt by the Secretary of a requisition signed by five members of the Club stating the objects for which the Special General Meeting is required. The electronic Notice calling a Special General Meeting must be served on each member at least fourteen days prior to the Meeting and must give full particulars of the purpose for which the Meeting is called.
(c) No special business dealt with under the two preceding sections shall be subject to reconsideration unless with approval of the Management Committee until a period of two years has elapse. In the event of such approval being granted a vote shall be taken by circular sent to all members and a two thirds majority of those voting shall be necessary to carry any resolution. In the event of any dispute arising as to the admissibility of special business on the grounds that the matter involved has been considered within the previous two years, the Management Committee will be sole judge.
(d) At any General Meeting of the Club. Ten members present and entitled to vote shall form a quorum. In the event of a quorum not being present, the meeting shall be adjourned for one week to enable a quorum to be formed.
(e) From 1st September 2020, any meetings, general, Annual General, Special general Meeting which cannot be held in public face to face by reason of legislation or other immutable constraints or in an emergency, shall be able to convene virtually by way of a video or conference call, subject to proper notice of the date and time of the meeting and the method proposed as an alternative to a public or face to face meeting.
Voting on decisions or actions at such meetings may take place by a show of hands or by oral or electronic confirmation of intentions, subject to validation prior to implementation of said decisions or actions. The Chairperson of the meeting will indicate the form of the voting on each occasion prior to a vote taking place and ensure validation is complete prior to announcing the result.
Any decision or action so approved shall be implemented by the committee or relevant office holder of the committee.

7. VOTING
(a) All adult members are entitled to attend, take part in discussions and vote at the Annual General Meetings and Special General Meetings.
(b) At any Meeting the Chairperson, or acting Chairperson who shall be called from the Office Bearer’s shall have the casting vote as well as a deliberative vote.

9. CLUB COLOURS
Every playing member shall wear the Club Colours in all matches in which they are taking part. The Club Colours shall be as follows – Royal Blue and White jersey, Blue shorts and Royal Blue and white socks.

10. ALTERATIONS TO THE CONSTITUTION
No alterations or additions to these Rules shall be made except by a Resolution carried by a majority of at least two thirds of the members present at an Annual General Meeting or Special General Meeting of the Club. Notice of which shall have contained particulars of the proposed alterations or additions.

11. WINDING UP OR DISSOLUTION
The property, effects and funds of the Club, whence so ever derived, shall be applied solely towards the promotion and objects of the Club and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, or otherwise by way of profit to the members of the Club.
If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all debts and liabilities, any property whatsoever, the same shall be given or transferred to some other organisation or organisations having objects (that is, aims and activities) similar to the objects of the Club, such organisation or organisations to be determined by members of the Club by Resolution passed at a General Meeting at or before the time of dissolution, and in so far as effect cannot be given to such provision, then to dome charitable object.

12. LANDFILL COMMUNITIES FUND & ENTRUST
Amongst the objects of Dunfermline Rugby Football Club shall be to provide Sport and Recreational facilities to develop rugby in the local community.
Dunfermline Rugby Football Club shall not distribute profits and shall apply all of its income raised as a result of the ENTRUST Project to the furtherance of the object above.
The work of Dunfermline Rugby Football Club shall not be for the benefit of Landfill Site Operators who may contribute to Dunfermline Rugby Football Club and claim credit under the LCF. Nor shall it be for the benefit of contributing third parties as defined in the Landfill Tax Regulations. In the event of Dunfermline Rugby Football Club disbanding, any remaining Landfill Communities Fund money shall be transferred to any enrolled Environmental Body and not to an organisation of similar objects or status.