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Club Constitution and Rules
CLUB
1 - “The Club” means the Club as set out in Rule 2 hereof. “Executive Committee” means Officers and ordinary Committee Members together. “Secretary” means the Secretary for the time being, or any person appointed to perform the duties of the Secretary of the Club. “Personal Property” means the property of the Club of a movable nature, comprising all playing or Sporting equipment of the Club, as well as all Stock in Trade and Money or other Assets of the Club. Words importing the singular number only, include the plural number and vice versa, and words importing the masculine gender only, also include the feminine and vice versa.
NAME.
2 - The official Name of the Club shall be Oldcastle UTD AFC
MAIN OBJECTIVE
3.1 The main Object of the Club shall be the promotion of the game of soccer in the Oldcastle area.
COLOURS
4. The Club Colours shall be Blue and White.
MEMBERSHIP
5.1 There shall be four types of Membership of the Club; 5.1.1 FULL MEMBERSHIP may be granted to persons, who having reached the age of eighteen years, subscribe to and undertake to further the aims and objectives of the Club. 5.1.2 YOUTH MEMBERSHIP may be granted to persons, not having reached the age of eighteen years, who subscribe to and undertake to further the aims and objectives of the Club. 5.1.3 HONORARY MEMBERSHIP may be granted to persons, who have reached the age of eighteen years, have rendered exceptional service to the Club. An Honorary Member shall have the rights of a Full Member, but shall be exempt from paying the Club’s Annual Membership Fee. 5.1.4 SOCIAL MEMBERSHIP may be granted to persons, who have reached the age of eighteen years, subscribe to and undertake to further the aims and objectives of the Club, but who do not seek full voting rights and rights to take part in the administrative affairs of the Club. 5.2 Full Members (including Honorary Members) and Youth Members of the Club. 5.3 Once granted, Full Membership of the Club, shall continue for one year, unless the member has been expelled or his resignation in writing has been accepted, in accordance with this Constitution and Rules of the Club. 5.4 The rights of any member of the Club shall be conditional upon the member complying with the provision of this Constitution and Rules, including payment of any annual membership fee and levies. 5.5 Such rights may be withheld, restricted or suspended in accordance with this Constitution and Rules of the Club. 5.6 Any person seeking admission as a Member of any Class of Membership, other than Honorary, shall complete and sign a prescribed Application Form, which must be returned to the Secretary together with the prescribed fee. 5.7 An Application for Full or Social Membership must be in the prescribed form signed by the Applicant and proposed by one Full Member and seconded by another Full Member who are not suspended or disqualified under this Constitution and Rules of the Club. 5.8 An Application for Youth Membership must be in the Prescribed Form signed by the Applicant and one of his parents or Guardians, as well as being proposed by one Full Member and seconded by another Full Members, who are not suspended or disqualified under this Constitution and Rules of the Club. 5.9 The name and address of such person proposed as a Member, together with the names of those proposing and seconding him, shall be displayed in a conspicuous place in the Club Premised for at least one week before election. An interval of not less than two weeks shall elapse between nomination and election of such Members. 5.9.1 Persons shall not be admitted to any of the privileges of Membership until after their election by the procedures stated in this Rule. 5.10 New Member’s particulars shall be forwarded by the Club Secretary to the MDL or other designated Officer for registration and allocation of a personal membership number. 5.11.1 The Executive Committee shall have the power to investigate any matter, and to expel, suspend, warn, fine or disqualify Members from Club activities for breach of this Constitution and Rules or for conduct considered to have discredited or harmed the Club or the MDL. 5.11.2 Such persons, if Full Members (including Honorary Members) or Youth Members, shall have the right to appeal to the Management Committee, within seven days of being notified of such decision.
SUBSCRIPTIONS
6.1 The Annual Subscription to be paid by members of the Club shall be determined by the Executive Committee and ratified at the Annual General Meeting. 6.2 The determined Annual Subscription shall be payable on election and there after annually, in advance of the date and in the manner decided by the Executive Committee. The date set shall be a date prior to August 1st each year.
EXECUTIVE COMMITTEE
7.1 The business and affairs of the Club shall be under the management of an Executive Committee, and it shall be the controlling body of the Club. 7.2 The Executive Committee shall be comprised of the Chairman, Vice-Chairman, Treasurer, Secretary, one Players’ Representative, and at least two other Full Members. 7.3 Nominations to serve on the Executive Committee shall be by any two Full Members whose Membership fees are paid up to date in accordance with Rule 6.2 and who are not suspended or disqualified under this Constitution or Rules of the Club. 7.4 The Players’ Representative shall have participated as a player for the Club within the previous 48 weeks. 7.5 The Executive Committee including the Players’ Representative, shall be elected by the Full Members present, entitled to vote and voting at the Annual General Meeting. 7.6 Only Full Members, whose Membership Fees are paid up to date in accordance with Rule 6.2 and who are not suspended or disqualified under this Constitution or Rules of the Club, shall be eligible for election to the Executive Committee. 7.7 The outgoing Executive Committee shall conduct the Annual General Meeting. 7.8 The Executive Committee shall hold office until the conclusion of the following Annual General Meeting. 7.9 The Executive Committee shall meet at least once each quarter, and four members present shall constitute a quorum at a meeting of the Executive Committee. 7.10 The Chairman, when present, shall preside over all meetings of the Executive Committee; in his absence, the Vice-Chairman shall preside. 7.11 If both the Chairman and the Vice-Chairman are absent, the Committee shall elect a member present to preside at the Meeting. 7.12 The Secretary shall record the Minutes of each Meeting. 7.13 The Minutes shall specify the date of the Meeting, those present, and a brief account of the Meeting, and shall be read to the next Meeting. 7.14 Such Minutes, if agreed as being accurate or having been appropriately amended, shall be signed by the Chairman and Secretary, having been first proposed and adopted. 7.15 The Executive Committee shall have the sole right to appoint Sub-Committees, as required. 7.16 The Executive Committee shall define the duties of such Sub-Committees, and retain control in all matters and activities which it considers of importance to the general welfare of the Club, including the disposal of any funds in the hands of such sub-committees. 7.17 The Executive Committee shall have power to nominate the Chairman of such Subcommittees. 7.18 The Chairman, Vice-Chairman, Secretary and Treasurer of the Executive Committee shall be exofficio members of all Sub-Committees. 7.19 The Executive Committee shall have power from time to time to make, alter and repeal all such Regulations as they deem necessary, expedient or convenient for the proper conduct and management of the Club, and in particular, but not exclusively, they may by such Regulations set out: (a) The terms and conditions upon which guests, children of members of the Club and visitors shall be permitted to use the premises and property of the Club. (b) The times of opening and closing the Pavilion Grounds and Premises of the Club, or any part thereof. (c) The conduct of members of the Club in relation to one another. (d) The setting aside of the whole or any parts of the Club’s premises for any particular time or times, or for any particular purpose or purposes. (e) The imposition of fines for the breach of any of the Club Rules or Regulations. (f) And generally all such matters as are commonly the subject matter of the Club Rules. 7.20 The Executive Committee shall adopt such means as they deem sufficient, to bring to the notice of members of the Club all such Regulations and all alterations and repeals. 7.21 All such Regulations so long as they shall be in force, shall be binding upon all members of the Club, provided nevertheless that no Regulations shall be inconsistent with or shall affect or repeal anything contained in this Constitution and Rules of the Club and that any Regulations may be set aside by a special resolution of a General Meeting of the Club. 7.22 Each Full Member shall have the right to be heard by the Executive Committee upon any complaint or representation send by him, in writing, to the Secretary. 7.23 A Special meeting of the Executive Committee may be called: (a) by the Secretary or (b) by the Secretary, for a date not more than seven days from the date of the receipt by him of a requisition duly signed by four members of the Executive Committee. (c) Such requisition shall set out the purpose for which the special meeting is required. 7.24 Any Member of the Executive Committee who shall have absented himself from three consecutive meetings, without reasonable explanation, shall be deemed to have resigned from the Executive Committee. 7.25 Should any Member of the Executive resign, be deemed to have resigned, or his position otherwise lapse, the remaining members of the Executive Committee shall, at their discretion, have the power to fill the vacancy, by co-opting a replacement from the body of the Full Membership. 7.26 The service of any Member so co-opted on to the Executive Committee shall not be reckoned in calculating the seniority of such Member, if subsequently elected to serve on the Executive Committee.
GENERAL MEETINGS
8.1 The Club shall in each year hold a general meeting as its Annual General Meeting, in addition to any other Meetings in that year, and shall specify the meeting as such in the notice calling it. 8.2 All General Meetings, other than Annual General Meetings, shall be called Special General Meetings. 8.3 An Annual General Meeting shall be held at such time as shall be decided upon by the Executive Committee, but insofar as is practical shall be held before the end of July each year. 8.4 The following business shall be transacted at the General Meeting: (a) Adoption of Standing Orders. (b) Minutes of previous Annual General Meeting. (c) Consideration of the Annual Report submitted by the Secretary. (d) Consideration of the Financial Statements including the Report of the Treasurer. (e) The Chairman’s Address. (f) Election of Officers and Members of the Executive Committee. (g) Notices of Motion. (h) Other Business. 8.5 The Annual General meeting of the Club shall be called in the following manner: 8.5.1 The Executive Committee shall decide upon a date, time and place for the meeting, allowing adequate time to meet the time limits set out hereunder. 8.5.2 Once the date of the Annual General Meeting has been fixed, the Secretary shall give at least twenty-eight days notice in writing to the members of such date, at the same time inviting nominations for election to the Executive Committee for the following year and motions for consideration at the Annual General Meeting, also specifying that such nominations and motions shall be received by him by a date not less than twenty one days prior to the date fixed for the meeting. 8.5.3 The Secretary shall then, on or after the date specified for return to him of such Nominations and Motions, but so as to give the members ten days clear notice before the meeting, circulate to the members the following documentation: (a) Copy of the Agenda for the meeting. (b) Copy of the Annual Report of the Secretary. (c) Copy of the Financial Statements, including the Report of the treasurer. (d) Details of the Nominations for election to the Executive Committee. (e) Copies of any motions for consideration at the meeting. 8.6 In the event of the number of Nominees for any particular Executive Committee position being equal to or less than the number of positions to be filled, such Nominees shall be declared elected, and any positions left unfilled due to the lack of Nominees or Nominees withdrawing, shall be filled by the new Executive Committee, as soon as practical after the Annual General Meeting. 8.7 Special General Meeting may be called by the Executive Committee at any time, provided ten days clear notice, in writing, shall be given to the members, specifying the purpose of such Special General Meeting. 8.8 The Executive Committee shall call a Special General Meeting for a date not more than twenty eight days from the receipt of the Executive Committee of a requisition, in writing, signed by twelve members of the Club, and ten clear days notice, in writing, shall be given to the Members. 8.8.1 Such Requisitions by members of the Club shall set out the purpose for which the Special General Meeting is required, and shall be lodged with the Secretary. 8.8.2 If the Special General Meeting is not called for a date within the twenty eight days stipulated, then the Requisitioners may themselves convene a Special General Meeting, if necessary using newspaper advertisements to notify the members of such meeting. 8.9 No other business, outside that specified in the Notice, shall be transacted at a Special General Meeting. 8.10 No business shall be transacted at any General Meeting unless a quorum of members is present at the time when the meeting proceeds to business. Save as herein otherwise provided, twenty per cent of Full Members eligible to vote shall be a quorum at a General Meeting. 8.11 If within half an hour after the time appointed for a General Meeting, a quorum of members is not present, the meeting if convened on the requisition of members shall be dissolved, in any other case it shall stand adjourned to the same day in the following week, at the same time and place: and if at the reconvened meeting a quorum of members is not present within half an hour after the time appointed for the meeting, the members then present shall be a quorum. 8.12 The Chairperson, and failing him the Vice-Chairman, shall preside as Chairman at every General Meeting of the Club. 8.13 If there is no such Chairman, or if at any meeting he is not present within thirty minutes after the time appointed for the holding of the meeting, the members then present shall choose someone of their number who is a member of the Executive Committee to be Chairman of the meeting, and if there shall be no Member of the Executive Committee present, then the members shall elect any one of their number to be Chairman of the Meeting. 8.14 The Chairman, may, with the consent of the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at any reconvened meeting other than the business left unfinished at the meeting from which the adjournment took place. 8.15 Failure to comply strictly with the time limits set out in this Constitution and Rules or the non receipt of Notice of a Meeting by any persons entitled to receive notice shall not invalidate the proceedings at that meeting, but shall entitle the majority of members present to seek and be granted an adjournment of the meeting to such date by which they would be given an adequate time to be furnished with and consider the contents of any relevant documentation.
VOTING
9.1 Only Full Members, whose membership fees are paid up to date in accordance with Rule 6.2, and who are not suspended or disqualified under this Constitution and Rules of the Club, shall be eligible to vote at a General Meeting. 9.2 Chairman of a General Meeting, Executive Committee meeting or any Sub-Committee meeting shall, in the event of a tie, whether on a show of hands or on a ballot, have a casting vote in addition to his vote as a member. 9.3 At any general Meeting a resolution put to the vote of the meeting shall be decided on the show of hands, unless, before or on the declaration of the result of the show of hands, a ballot is demanded. (a) By the Chairman. (b) By at least five members present and entitled to vote. 9.4 Unless a ballot is so demanded, a declaration by the Chairman that a resolution has on the show of hands been carried, or carried unanimously, or by a particular majority, or lost, shall be final, and an entry to that effect in the book containing the minutes of proceedings of the Club shall be conclusive evidence of the fact, without proof of the number of proportion of the votes in favour of or against such resolution. 9.5 If a ballot is so demanded, the same shall be taken in such manner as the Chairman directs, and the result of the ballot shall be deemed to be the decision of the meeting at which the ballot was demanded. 9.6 Secret Ballot shall be carried out to decide the result of any contest for any elective position.
ASSETS AND TRUSTEES
10.1 The Club shall have power to acquire, hold and develop, sell, lease, mortgage charge, exchange or sell Property, and to borrow or raise money in promotion of the main object of the Club, subject to the overall authority Executive Committee. 10.2 The Directive of the Club shall be given by a resolution of the full members of the Club, passed by a majority of the members present and voting at a duly convened general Meeting and when so passed shall be binding upon all members of the Club. 10.3 The Personal Property shall be vested in the Chairman, Treasurer and Secretary who shall hold same in Trust for the Club.
BOOKS AND ACCOUNTS
11.1 The Executive Committee shall open a Bank Account or Accounts with an approved Bank on behalf of the Club, and all cheques drawn on the said account shall be signed by the Treasurer. 11.2 The Executive Committee shall cause proper Books of Account to be kept in respect of: (a) All sums of money received and expended by the Club, and the matters in respect of which such receipts and expenditures take place: (b) All Sales and Purchases of goods by the Club: and (c) The Assets and Liabilities of the Club. 11.3 The Books of Account shall be kept at such place or places as the executive Committee shall think fit, and shall at all reasonable times be open to the inspection of the members of the Executive Committee. 11.4 The Executive Committee shall from time to time determine whether and to what extent and at what times and places, and under what conditions and regulations, the Accounts and Books of the Club, or any of them shall be open to the inspection of Full Members of the Club not being an Executive Committee member, and no member (not being an Executive Committee Member) shall have any right of inspection of any Account of Book or Document of the Club except as authorised by the Executive Committee. 11.5 The Financial Statements shall be approved by the Executive Committee, and signed by two of three Officers – Chairman, Secretary, Treasurer – on behalf of the Executive Committee. 11.6 The Executive Committee shall cause to be prepared and laid before the Annual General Meeting an Account of Income and Expenditure and a Balance Sheet made up to a date not more than six months before such meeting. 11.7 The Balance Sheet and Accounts of the Club shall be made available to the Revenue Commissioners, on request. 11.8 All Books of Account, including all documents, vouchers, statements and notes, as well as all minute books, notes of meetings, original and copy correspondence and all such documents are the property of the Club, and no person shall have any personal title to or interest in such documents to the exclusion of the Club. 11.9 The Club shall define the End of the Financial Year of the Club.
INCOME AND PROPERTY
12.1 The income and property of the Club shall be applied solely towards the promotion of its Main object as set forth in this Constitution. No portion of the Club’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to members of the Club. No Officer shall be appointed to any office of the Club paid by salary or fees, or receive any remuneration or other benefit in money or money’s worth from the Club. However, nothing shall prevent any payment in good faith by the Club of: (a) reasonable and proper remuneration to any member of the Club (not being an Officer) for any services rendered to the Club: (b) interest at a rate not exceeding 5% per annum on money lent by Officers or other members of the Club to the Club: (c) reasonable and proper rent for premises demised and let by any member of the Club (including any Officer) to the Club. (d) reasonable and proper out of pocket expenses incurred by any Officer in connection with attendance to any matter affecting the Club: (e) fees, remuneration of other benefit in money’s worth to any Company of which an Officer may be a member holding not more than one hundredth part of the issued capital of such Company.
WINDING UP
13. 1 A resolution to Wind Up the Club shall be passed only at a General Meeting specially summoned for the purpose of such resolution, if supported by not less than three-fourths of those present and entitled to vote. 13.2 If upon the winding up or dissolution of the Club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the members of the Club. Instead, such property shall be given or transferred to some other institution or institutions having main objects similar to the main objects of the Club. The institution or institutions to which the property is to be given or transferred shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Club under or by virtue of Clause 12.1 (Income and Property) hereof. Members of the Club shall select the relevant institution or institutions at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then the property shall be given or transferred to some charitable object.
ADDITIONS TO AND AMENDMENTS OF RULES
14.1 Additions to and Amendments of this Constitution and Rules may be made at an Annual General Meeting or a Special General Meeting called for that purpose, providing that the Resolution proposing same is carried by a vote of two-thirds of the members present and voting, that same do not conflict with the rules of the Club. 14.2 Members wishing to propose Additions to or Amendments of this Constitution and Rules must send notice of the proposed Additions or Amendments in writing to the Secretary not later than twenty one days before the Annual General Meeting, or Special General Meeting as provided by Rule 8.5.2 hereof. 14.3 No addition, alteration or amendment shall be made to or in the provisions of the Main Object clause, the Income and Property clause, the Winding Up clause or this clause of the Constitution for the time being in force unless the same shall have been previously approved in writing by the Revenue Commissioners.
INTERPRETATION OF CLUB CONSTITUTION AND RULES
15. The Executive Committee shall be the sole authority for the Interpretation of these Club Constitution and Rules (with the exception of Rules 5.11.1, 5.11.2 and 5.11.3) and of any byelaws and regulations made herein; and the decision of the Executive Committee upon any question of interpretation, or upon any matter affecting the Club and not provided for, shall be final and binding on the members.
GENERAL
16. Notice may be given by the Club to any Member either personally or be sending it by post or electronically to him at his last know address. 16.1 Where a Notice is sent by post, service of this Notice shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the Notice, and shall be deemed to have been effected at that time which the letter would be delivered in the ordinary course of post. 16.2 The failure to give notice of any meeting or the non-receipt of notice of a meeting by any person entitled to receive notice shall not invalidate the proceedings at that meeting. 16.3 This Constitution and Rules shall be taken as an amendment of and in substitution for any existing Constitution and Rules Oldcastle UTD AFC. as of the 18th day of June 2007.