Club Rules

RULES FOR UNINCORPORATED LAWN TENNIS CLUBS

QUALIFYING AS COMMUNITY AMATEUR SPORTS CLUBS

WOODFIELD LAWN TENNIS CLUB

(UNINCORPORATED CLUB)  

        

1. Name and Preamble

1.1      There shall be an unincorporated members tennis club, established in          1931, and called Woodfield Lawn Tennis Club ("the Club") situated in         Kelsalls Lane, Woodfield Road, Shrewsbury, SY3 8LU.

 

1.2      The following shall be the rules of the Club with the intention that, as a   condition of membership, each member agrees to be bound by them.         

2. Definitions 

2.1      In these rules the following expression shall have the following meanings,     namely:   

 

Expression

Meaning

Adult Member

A Member who falls within categories (a) to (c) of Rule 5.4.1 and who is also at least 18 years of age as at the first day of a Membership Year

 

Accounting Year

Each year ended 30 September in respect of the Club and 31 March in respect of the Nominee Company as the context requires

 

 

Annual General Meeting

 

 

The meeting provided for in Rule 15

Auditor

The person appointed as such at an Annual General Meeting

 

Chairman

The person elected from time to time to be the chairman of the Club in accordance with Rule 9.

 

Club   (or sometimes Woodfield Tennis Club)

The unincorporated members sports club known as Woodfield Lawn Tennis Club situate at  Kelsalls Lane Woodfield Road Shrewsbury SY3 8LU

 

Club Assets

All assets owned by the Club as referred to in Rule 11 or by the Nominee Company by virtue of Rule 12

 

 

Club Trustee (s)

Any person (or persons) who is/are a bare trustee or nominee of Club Assets by virtue of these Rules including, for the avoidance of doubt, the Chairman and Secretary in their capacity as members and directors of the Nominee Company and the Nominee Company itself as the context requires

 

Club Membership Year

Any year ending 31 March

 

CLTA

Shropshire County Lawn Tennis Association

 

Game

the game of tennis

 

General Meeting 

Any meeting of the Membership convened pursuant to these Rules

Guest (s)

A person (or persons) using the Club facilities as referred to in Rule 18

 

Junior Member

A Member who is under 18 years of age as at the commencement of the Membership Year

 

Land Assets (or sometimes Premises)

the land and other real property occupied by the Club for the purposes of the pursuit of the Game, including any contractual rights of occupation granted by any lease or licence of such real property.

 

LTA

the Lawn Tennis Association (the governing body of tennis within Great Britain, the Channel Islands and the Isle of Man) of The National Tennis Centre, 100 Priory Lane, Roehampton, London SW15 5JQ and its subsidiaries or such successor entity or entities as become(s) the governing body of the game of tennis within Great Britain, the Channel Islands and the Isle of Man from time to time

 

LTA Disciplinary Code

the disciplinary code of the LTA in force from time to time;

 

LTA Rules

the rules of the LTA as in force from time to time;

 

Management Committee

the committee of Members collectively appointed under Rule 9 to manage the Club;

 

Member (s)

the member or members of the Club admitted from time to time to membership of the Club in accordance with Rule 5.

 

Members’ Indemnity

The indemnities provided for in Rules 13 and 14 as the context requires

 

Membership

Membership of the Club pursuant to Rule 5

 

Membership Year

Any year commencing 1st April

 

Nominee Company

Woodfield Lawn Tennis Club Nominees Ltd, a company limited by guarantee with company number 13465621

 

Officers

the Chairman, Men’s Captain, Women’s Captain, Secretary, Treasurer, Membership Secretary

 

President

the person (if any) appointed from time to time to be the president of the Club

 

Rule

The rules of the Club prevailing from time to time

 

Secretary

the person elected from time to time to be the secretary of the club in accordance with Rule 9

 

Treasurer

the person elected from time to time to be the treasurer of the Club in accordance with Rule 9.

 

 

2.2.     Words denoting the singular number include the plural number and vice

          versa.

 

2.3.    Masculine gender include the feminine gender; and words denoting    

          persons include bodies.

 

2.4.    Corporate (however incorporated) and unincorporated, including

          unincorporated associations of persons and partnerships.

 

2.5     References to Rules and Sub-rules are to those in these Club              Rules

 

2.6     Subject to anything to the contrary, the Rules create mutual rights,                    duties and obligations between the Members inter se and each          Member shall be deemed to be a party to these Rules and be bound by       them

 

3        Objects

The objects of the Club are:

  1. Principally to provide facilities for and generally to promote, encourage          and facilitate the playing of the Game in the area of Woodfield Tennis    Club and amongst the community;

 

  1. To provide and maintain Club Premises at Woodfield Tennis Club and      club-owned tennis equipment for the use of its members;

 

  1. To provide other ordinary benefits of an amateur sports club as set out         in Schedule 18 of the Finance Act 2002 including without limitation (provision of suitability qualified coaches, coaching courses, insurance,   medical treatment, post-match refreshments);

 

  1. To sell or supply food or drink as a social adjunct to the sporting        purposes of the Club;

 

  1. To take and retain a membership of the CLTA (and by doing so        become and remain registered as an associate of the LTA) and to       comply with and uphold the Rules and Regulations of the CLTA as         amended from time to time and the LTA Rules and the LTA Disciplinary     Code and the rules and regulations of any body to which the LTA is           registered or affiliated;

 

  1. To acquire, establish, own, operate and turn to account in any way [for         the Members' benefit] the tennis court facilities of the Club together with buildings and easements, fixtures and fittings and accessories as shall     be thought advisable;

 

  1. Subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s          wider jurisdiction, to make rules, regulations, bye-laws and standing         orders concerning the operation of the Club including without limitation           regulations concerning disciplinary procedures that may be taken       against the Members;

 

  1. Subject to the LTA Rules and the LTA Disciplinary Code and the LTA’s          wider jurisdiction, to discipline the Members where permitted by its   Rules/Regulations and to refer its Members to be disciplined by the         LTA or the CLTA (as appropriate);

 

  1. To make donations or offer support to lawn tennis clubs which are      charities or community amateur sports clubs; and

 

  1. To do all such other things as the Management Committee thinks fit to       further the interests of the Club, to advance and safeguard the interests      of the Game, to promote increases in participation at all levels of the   Game or as are otherwise incidental or conducive to the attainment of all or any of the objects stated in this Rule 3.

 

4.       Application of Surplus Funds.

4.1.    The Club is a non-profit making organisation. Subject to Rule 26, the  

           income and property of the Club shall be applied solely towards

          promoting the Club's objects as set forth in these Rules and no portion         thereof shall be paid or transferred, directly or indirectly, to the   Members of the Club.

 

4.2.    No Member shall be paid a salary, bonus, fee or other remuneration for

          playing for the Club.

 

4.3.    Nothing in Clause 4.1 shall prevent the Club from entering an   agreement with a Member for the supply by him to the Club of goods or      services or for his employment by the Club, provided that such         arrangements are approved by the Management Committee (without           the Member being present) and are agreed with the Member on an           arm's length basis.

 

5.       Membership

5.1.    Eligibility for Membership

          5.1.1. Persons of either sex are eligible for Membership of the Club.                        No person shall be denied Membership of the Club on the                                   grounds of race, ethnic origin, creed, colour, age, disability,                          sex, occupation, sexual orientation, religion, political or other             beliefs.

 

          5.1.2.  Persons below the age of 18 as at the commencement of the                 Membership Year may be elected as Junior Members without                   the right to hold office or vote at General Meetings.

 

          5.1.3.  The number of Members is limited only by the LTA    recommendations for the number of courts or otherwise as the      Management Committee from time to time so decides.

 

5.2.    Admission of Members

          5.2.1.  Any person who wishes to become a Member must submit an

                     application in such form as the Management Committee shall                 decide.

 

          5.2.2. Every candidate for Membership may be considered by the

                     Management Committee if it reasonably considers that such            Membership may be contrary to the best interests of the sport             or the good conduct and interests of the Club.

 

5.3.    Conditions of membership

          5.3.1. On becoming a Member each Member (of each class) impliedly agrees                as a condition of Membership:

 

        (a)    to be bound by and subject to:

                (i)     these Rules; and

                (ii)    any codes of conduct imposed from time to time by the                     Management Committee; and

                (iii)    the rules and regulations of the relevant CLTA (as in                       force from time to time); and

 

        (b)    to be bound by and subject to the LTA Rules and the LTA                   Disciplinary Code.

 

          5.3.2.  Rule 5.3.1 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.  

 

          5.3.3   For the avoidance of doubt, the Members do not intend that any                   term of these Rules, apart from Rules 5.3 and 26.4, should be                enforceable, by virtue of the Contracts (Rights of Third                       Parties) Act 1999, by any person who is not a  party to these                             Rules.

 

          5.3.3. The Management Committee may subject to Clause 7 terminate            the Membership of any person, or impose any other sanction it                   determines to be appropriate, in connection with the breach of               any condition of Membership set out in this Rule.

         

          5.3.4   Subject to the observance of the foregoing, all Members are                               entitled to use the facilities provided by the Club. 

 

5.4.    Classes of Members

There shall be the following classes of Members for the Club:

(a)      Adult

(b)      Couple living at same address (and their children under 18                           at commencement of Membership Year)

(c)      Single adult family (one adult and children under 18 at                                commencement of Membership Year)

(d)      Young person (18-24 at commencement of Membership                                Year)

(e)      Student (in full-time further education or an apprenticeship)

(f)       Junior (under 18 at commencement of Membership Year)

(g)      Parent/carer (who can only play with a named child or                                children)

(h)      Wheelchair

         

 

5.5.    Subscriptions

          5.5.1. The annual subscription will be determined by Members at the                 Annual General Meeting.

 

          5.5.2. The annual subscription for each type of Member shall be                   determined by the Annual General Meeting provided that the                          Annual General Meeting shall ensure that the fees set by it do              not preclude open Membership of the Club.

 

          5.5.3. No candidate who has been elected a Member shall be entitled                 to the privileges of Membership until he has paid his first annual                     subscription.

 

          5.5.4. If any subscription is not paid by 1st May in each Membership Year a 10% surcharge will also be payable.

 

          5.5.5.  Any Member whose subscription is not paid by 1st July in each Membership Year shall at the discretion of the Management     Committee be deemed to have resigned his Membership

 

6.       Resignation

A Member may withdraw from Membership of the Club on clear notice to the Management Committee. Membership shall not be transferable in any event and shall cease immediately on death or dissolution or on the failure of the Member to comply or to continue to comply with any condition of Membership set out in these Rules.

7.       Expulsion

7.1.     Subject to the remaining provisions of this Rule, the Management

           Committee shall have power to refuse Membership or expel a Member

           only for good and sufficient cause, such as conduct or character likely        to bring the Club or the Game into disrepute.

 

7.2.     A Member shall not be expelled unless he is given 14 days' written

           notice of the meeting of the Management Committee at which his   

           expulsion shall be considered and written details of any complaint      made against him.

 

7.3.     All Members shall be subject to these Rules and the Regulations of the

           Club and shall abide by the Rules and Regulations of the LTA and the

          relevant CLTA, from time to time in force.

 

7.4.    The Member shall be given an opportunity to appear before the

           Management Committee to answer complaints made against him. The

           Member must not be expelled unless at least two-thirds of the

           Management Committee then present vote in favour of his expulsion.

 

7.5.     The Management Committee may exclude the Member from the Club's

           Premises until the meeting considering his expulsion has been held.     For the avoidance of doubt, the member shall be entitled to attend that  

          meeting for the purpose of making his representations.

 

7.5.     The Member may appeal against the Management Committee's decision by notifying the Management Committee who shall put the     matter to the Club's Members in General Meeting and decided by a majority vote of Members present and voting at such meeting.

 

8.       Effect of Resignation or Expulsion

Any person ceasing to be a Member forfeits all right to and claim upon the Club, its property and its funds and he has no right to the return of any part of his subscription. The Management Committee may refund an appropriate part of a resigning Member's subscription if it considers it appropriate taking account of all the circumstances.

 

9.       The Management Committee

9.1.    The Club shall be managed by a Management Committee consisting of:

          (a)    The Chairman

(b)    The Secretary

          (c)    The Treasurer

(d)    The Membership Secretary

(e)    The Women’s Captain

(f)     The Men’s Captain

(g)    The Safeguarding Officer

(h)    No more than 6 other Members elected annually at the Annual

        General Meeting taking into account where possible (but without          imposing an obligation) the need for adequate succession to the          Management Committee.

 

9.2     The Head Coach would normally be expected to attend Management           Committee meetings as a guest.

 

9.3.    Overall duty of care

          The members of the Management Committee may exercise all of the

           powers conferred by Club Rules for the purposes of the   management                     of the Club and, in so doing, shall at all times:

 

          (a)    act in the best interest of the Club and its Members (paying                    particular attention to the Club’s Objects set out in Rule 3); and

 

          (b)    avoid conflicts of interest

 

9.4.    Each member of the Management Committee must satisfy HMRC's fit

          and proper person test to be involved in the general control,         management and administration of the Club and must declare that he is       a fit and proper person prior to being elected.

 

9.5.    The Club agrees that each member of the Management Committee will

          be required, as a condition of election or appointment, to agree to be

          bound by and subject to these Rules, the rules and regulations of the

          relevant CLTA and the LTA Rules and the LTA Disciplinary Code, such

          agreement to contain an express acknowledgement that the Contracts

          (Rights of Third Parties) Act 1999 applies and that the LTA and the Club can enforce any breach at its option and in its sole discretion.

 

9.6.    The members of the Management Committee may delegate any of the

          powers that are conferred on them by these rules to such person, or

          committee, by such means (including power of attorney), to such          extent, in relation to such matters and on such terms and conditions as     they think fit. If the members of the Management Committee specify, any such delegation may authorize further delegation of members’          powers. The members of the Management Committee may revoke any           delegation or alter its terms and conditions.

 

9.7.    The Secretary shall send to the Members each year a nomination form      for the election of members of the Management Committee in the place      of those retiring. Those persons proposed to be nominated as    members of the Management Committee to fill any vacancies that       have arisen must declare themselves to be fit and proper persons in           accordance with Rule 9.4 and nominated by any two Adult Members on   the form prescribed by the Management Committee and must be     submitted to the Secretary by such date as the Management   Committee shall prescribe each year. The nominee must sign the form    saying they are willing to stand. No Member may nominate more than           one candidate for any one vacancy. Officer posts will be elected in the     same way.

 

9.8.    Any person nominated as a member of the Management Committee    must be an Adult Member of the Club.

 

9.9.    If there is only one candidate nominated to fill any particular vacancy, that candidate shall be declared elected unopposed for that particular        vacancy at the next Annual General Meeting. If there is more than one       candidate for any particular vacancy there shall be an election at the           Annual General Meeting for that position. In the event of a tie, the       candidate to be elected shall (unless the candidates otherwise agree)        be determined by lot.

 

9.10.   The Management Committee shall be elected at the Annual General

          Meeting in each year, and subject to termination of office by       resignation, removal or otherwise, the members remain in office until they or their successors are re-elected or elected (as the case may be)         at the Annual General Meeting following their re-election or election       (as the case may be).

 

9.11.   The Management Committee members shall be proposed, seconded          and elected by ballot at the Annual General Meeting. Election to the

           Management Committee shall be for three years. One third, or if their

          number is not three or a multiple of three, the number nearest to one-

           third of the members of the Management Committee appointed under

           Rule 9.6 shall retire annually but shall be eligible for re-election. The           members so retiring being those who have been longest in office. As   between those who have served for an equal length of time, the          member to retire shall (unless they otherwise agree) be determined by lot.

 

9.12.   In addition to the members elected or appointed in accordance with this

          Rule 9, the Management Committee may co-opt up to three further

          Members who shall serve until the next Annual General Meeting.                  Co-opted members shall be entitled to vote at the meetings of the        Management Committee.

 

9.13.   The Management Committee may appoint any Adult Member to fill any    casual vacancy on the Management Committee until the next Annual   General Meeting when that person shall retire but shall be eligible for          re-election.

 

9.14.   Retiring members of the Management Committee may be re-elected.

 

9.15.   A member of the Management Committee shall be deemed to have      vacated office if:

 

          (a)    He becomes bankrupt or makes any arrangement or                            composition with his creditors generally; or

 

(b)    A registered medical practitioner who is treating that person              gives a written opinion to the Management Committee stating                        that that person has become physically or mentally incapable of                    acting as a member of the Management Committee and may                            remain so for more than three months; or

 

          (c)    By reason of that person’s mental health, a court makes an                order which wholly or partly prevents that person from personally

                   exercising any powers or rights which that person would            otherwise have; or

 

          (d)    He resigns his office by notice to the Club; or

 

(e)    He shall without sufficient reason for more than three consecutive meetings of the Management Committee have been        absent without permission of the Management Committee and the Management Committee resolves that his office be vacated; or

 

(f)     He is suspended from holding office or from taking part in any

        activity relating to the administration or management of the Club    by a decision of the CLTA or the LTA; or

 

(g)    He is requested to resign by not less than two-thirds of the

        other Management Committee members acting together.

 

9.16.   Any person accepting election or nomination to the Management

          Committee who has any financial interest in the Game must, before such election or nomination, state in writing to the Club all such           interests. Failure to do so will lead to automatic disqualification from     Management Committee.

 

9.17.   Management Committee has the right to recommend to the Annual

           General Meeting to veto such an election if, in its opinion, it is not in the

           best interests of the Club.

 

10.     Proceedings of the Management Committee

10.1.   Management Committee meetings shall be held as often as the

           Management Committee thinks fit provided that there shall not be less

          than 6 meetings each year.

 

10.2    To be valid the quorum for such meetings shall be 5 which number          must include at least two of the Chairman, Secretary and Treasurer .

 

 10.3  The Chairman and the Secretary shall have discretion to call     emergency meetings of the Management Committee if they consider it        to be in the interests of the Club. The Secretary shall give all the members of the Management Committee not less than 3 days' notice of         a meeting.

 

10.4.   The Chairman shall be the chairman of the Management Committee.

           Unless he is unwilling to do so, the Chairman shall preside at every

          meeting of the Management Committee at which he is present. If

           Chairman is unwilling to preside or is not present within five minutes

           after the time appointed for the meeting the members of the

           Management Committee present may appoint one of their number to        be chairman of the meeting.

 

10.4.   Decisions of the Management Committee shall be made by a simple

           majority and in the event of an equality of votes the Chairman (or the

           acting chairman of that meeting) shall have a casting or additional vote.

 

10.4.   The Management Committee may from time to time appoint from among its number such subcommittees as it considers necessary and   may delegate to them such of the powers and duties of the    Management Committee as the Management Committee may      determine. All sub- Committees shall periodically report their          proceedings to the Management Committee and shall conduct their    business in accordance with the directions of the Management           Committee.

 

10.5.   The Management Committee shall be responsible for the management

           of the Club and shall have the sole right of appointing and determining

           the terms and conditions of service of employees of the Club. The

           Management Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the Members.

 

10.6.   Any member of the Management Committee may participate in a

           meeting of the Management Committee by way of video conferencing           or conference telephone or similar equipment which allows every      person participating to hear and speak to one another throughout such       meeting. A person so participating shall be deemed to be present in           person at the meeting and shall accordingly be counted in the quorum          and be entitled to vote. Such a meeting shall be deemed to take place      where the largest group of those participating is assembled or, if there       is no such group, where the chairman of the meeting is.

 

11.      Club Trustees, Nominees and Title to the Club Assets

11.1    The following Rules 11.2 to 11.7 inclusive are subject to the provisions          of Rule 26 which shall be paramount

 

11.2    The benefit of all assets purchased out of Club funds or otherwise      donated to the Club shall belong to the Adult Members collectively         including, for the avoidance of doubt, those assets held by the    Nominee Company

 

11.3    The Management Committee shall ensure that the Nominee       Company      shall hold the formal legal title to the Land Assets of the Club as bare   trustee for the Adult Members collectively .

 

11.4    The Management Committee shall ensure that the legal title to any     other Club Asset which requires a formal document of title shall        likewise be vested in the Nominee Company as bare trustee for the Adult Members collectively .

 

11.5    For the avoidance of doubt, the Management Committee shall   ensure that the party to any lease or licence of any Land Assets or to any other arrangement or contract in relation thereto must be the Nominee Company which shall  hold such assets or choses in action as bare trustee for the Adult Members      collectively  

 

11.6    The Management Committee shall, if thought fit, ensure that the      Nominee Company is a party as bare trustee on behalf of the Adult       Members collectively to any agreement which might persist for more       than  a year.

 

11.7    Subject to Rules 11.2 to 11.6 inclusive, the benefit of all other Club     Assets (including (but without prejudice to the generality) any movable     chattels)  shall be held in the name of the Woodfield Lawn Tennis Club        and the legal title  thereto shall be vested as bare trustees for the Adult   Members collectively in the Chairman, Secretary and       Treasurer, such           persons thereby being responsible for the overall safe custody and maintenance of such Club Assets .

 

12       Provisions relating to the Nominee Company 

12.1    Preamble

          12.1.1   The Nominee Company and its assets and liabilities shall                    be deemed to form part of the assets and liabilities of the                     Club; and correspondingly

 

          12.1.2     the Management Committee shall observe its duty of                               care in respect of the Nominee Company in the same                            manner as applies to the management of the Club’s                          affairs more generally; and

 

          12.1.3     the Management Committee will ensure that the                                    following Sub-Rules in this Rule 12 in relation to the                           Nominee Company are observed.

 

12.2    At each Annual General Meeting, the incoming Chairman and         Secretary (whether new or continuing from the previous year)   shall formally agree to be and act as the sole members and   directors       of the Nominee Company, failing which such persons shall be ineligible     to be appointed Chairman or Secretary (as relevant) and Rule   15.1(e) shall be interpreted accordingly;

  

12.3    Subject to Rule 12.4, by virtue of their appointment, the Club’s           Chairman and Secretary shall automatically be deemed to have   undertaken to the Members that they will, to the best of their ability,           administer the affairs of the Nominee Company in the best interests of       the Club and will, insofar as they are legally able, observe the   instructions of the Management Committee in relation to  the  affairs  of     the Nominee Company and not further or otherwise ;

 

12.4    Notwithstanding the foregoing the Management Committee shall not        request the Club’s Chairman or Secretary in their capacity as members and directors of the Nominee Company to do any thing in relation to the affairs of       the Nominee Company which may contravene the Nominee       Company’s   Articles of Association or the law more generally and the Chairman and         Secretary shall consequently not be bound to observe such instructions;

 

12.5    The Club’s Chairman and Secretary in their capacity as members and          directors of the Nominee Company shall at all times:

 

          (a)    do all things required by the Companies Act 2006 (or otherwise) to                                ensure that the Nominee Company remains in existence; and

 

          (b)    observe all other requirements of the Companies Act 2006,                      H.M Revenue & Customs, or of the law more generally; and

 

          (c)    observe the Nominee Company’s Articles of Association;                                and

 

          (d)    not pass any resolution as members or directors of the Nominee                 Company without first obtaining the sanction of the Management                         Committee

 

12.6    The Management Committee shall ensure that at all times the Nominee     Company holds, either directly or indirectly through the Club,  adequate       insurance cover against all the usual risks in relation to all assets of the Nominee Company

 

12.7    All expenses, costs, fees and other liabilities of or relating to the Nominee Company’s affairs shall be deemed to be those of the           Club and paid out of          the Club’s general funds and consequently the     Chairman, Secretary and   Nominee Company shall, subject to Rule 14, be entitled to be indemnified by       the Members in respect of such matters

 

13.      Members’ Indemnity in respect of the Club’s Liabilities

13.1    The following Sub-Rules of this Rule 13 are subject to Rule 14

 

13.2    The Club’s Trustees, Nominees or the Nominee Company as the      context requires shall be entitled to an indemnity out of the property        of the Club for all expenses and other liabilities properly incurred by them in the discharge of their duties.

 

13.2    The members of the Management Committee (in particular the           Chairman and Secretary) shall be entitled to an indemnity out of the   assets of the Club for all expenses and other liabilities properly incurred       by them in or arising out of their management of the affairs of the     Club or the Nominee Company as the context requires

 

13.3    In the event of the Club’s assets being insufficient to satisfy the     aforementioned indemnities then the Adult Members shall contribute to         the Club’s Assets in equal proportions to make good such deficit 

 

13.4    For the avoidance of doubt the indemnity obligations provided for in         these Rules arise when the relevant liability is legally incurred   

 

14       Limit to Indemnity

14.1    Notwithstanding anything to the contrary in the Rules, the Members’          Indemnity shall be subject to the following Sub-Rules of this Rule 14

 

14.2    The foregoing indemnities provided for in Rule 13 shall not be           enforceable in respect of any liability incurred in breach of these       Rules

 

14.3    For the avoidance of doubt only Adult Members shall be liable to         honour the Members’ Indemnity

 

14.4    A Member who leaves the Club during a Club Year shall nevertheless continue to be liable to honour the Members’ Indemnity until the end of   that particular Club Year of departure.  

 

15.      Annual General Meeting

15.1.   The Annual General Meeting of the Club shall be held at such time as the Management Committee shall decide each year to transact the following business:

(a)    To receive the Chairman's report of the activities of the Club      during the previous year;

 

          (b)    To receive and consider the accounts of the Club and the                   Nominee Company for the previous year, the auditor's report on                  the accounts and the Treasurer's report as to the financial position               of the Club;

 

          (c)    To remove and elect the auditor or confirm that he remain in                 office;

 

          (d)    To receive and consider the captains’ reports and the coach’s                        report;

 

          (e)    To elect the Officers and other members of the Management

                   Committee;

 

          (f)     To decide on any resolution which may be duly submitted in

                   accordance with Rule 15.2 below;

 

          (g)    to deal with any other matters which the Management Committee   

                   desires to bring before the membership;

 

(h)    to review the affairs of the Nominee Company and in particular   the legal status of those Club Assets owned by it on behalf of the       Members.  

 

 

15.2.   Notice of any resolution proposed to be moved at the Annual General

           Meeting shall be given in writing to the Secretary not less than 14 days

           before the meeting.

 

15.3.   No period greater than fifteen months shall elapse between one Annual

           General Meeting and the next.

 

16.     Extraordinary General Meetings

An extraordinary General Meeting may be called at any time by the Management Committee and shall be called within 21 days of receipt by the Secretary of a requisition in writing signed by not less than 15 Members stating the purposes for which the meeting is required and the resolutions proposed.

 

17.     Procedures at the annual and extraordinary General Meetings 

17.1.   The Secretary shall send or transmit electronically to each Member at      his last known address written notice of the date, time and place of the           General Meeting together with the resolutions to be proposed and, in       the case of an Annual General Meeting, the names of the persons     proposed to be elected as members of the Management Committee for           the ensuing year at least 21 days before the meeting. The accidental         failure to give notice to any person entitled to notice, or the accidental omission of any such details in any notice, shall not invalidate the      proceedings at the meeting.

 

17.2.  The quorum for the annual and extraordinary General Meetings shall be

          15 Adult Members.  No business other than the appointment of the chairman of the meeting shall be transacted at the General Meeting if       the persons attending it do not constitute a quorum.

 

17.3.   The President shall preside at all annual and extraordinary General

          Meetings of the Club but if he is not present within 15 minutes after the

           time appointed for the meeting or has signified his inability to be           present at the meeting, the Members present (and entitled to vote) may           choose one of the other members of the Management Committee           present to preside and if no other member of the Management           Committee is present or willing to preside the Members present (and entitled to vote) may choose one of their number to be chairman of the         meeting.

 

17.4.   If the persons attending an annual or extraordinary General Meeting     do not constitute a quorum within half an hour of the time at which the

          meeting was due to start, or if during a meeting, a quorum ceases to              be  present, the chairman of the meeting must adjourn it. The chairman   of the meeting must adjourn the meeting if directed to do so by the meeting.

 

17.5.   When adjourning an annual or extraordinary General Meeting the

           chairman of the meeting must specify the time and place to which it is

           adjourned or state that it is to continue at a time and place to be fixed      by the members of the Management Committee.

 

17.6.   The chairman must have regard to any directions as to the time and

          place of any adjournment which have been given by the meeting. If the

          continuation of an adjourned annual or extraordinary General Meeting     is to take place more than 14 days after it was adjourned the   Secretary      must give at least 7 days notice to the persons to whom notice of the      Club’s meetings is required to be given in accordance with rule 15        above.

 

17.7.   No business can be transacted at adjourned annual or extraordinary

          General Meetings which could not properly have been transacted at the

          meeting if the adjournment had not taken place.

 

17.8.   Members of the Management Committee may attend and speak at

           annual or extraordinary General Meetings. The chairman of the    meeting may permit other persons who are not Members to attend and        speak at a meeting.

 

17.9.   Only Adult Members present at a General Meeting of the Club   shall be entitled to a vote but subject thereto all Members present shall      be entitled to be present and speak at any General Meeting of the Club

 

17.10 Unless otherwise provided for in these Rules all resolutions proposed         at a General Meeting shall be passed by a simple majority of those      Members present who are both entitled to vote and actually vote. In     the event of an equality of votes the chairman of the meeting shall have           casting or additional vote.

 

17.11. No objection may be raised as to the qualification of any person voting

           at a meeting except at the meeting or adjourned meeting at which the

          vote objected to is tendered, and every vote not disallowed at the

           meeting is valid. Any such objection must be referred to the chairman           of the meeting.

 

17.12.The Secretary, or in his absence a member of the Management

           Committee, shall take minutes at annual and extraordinary General

          Meetings.

 

18.     Guests

18.1.   Any Member may introduce Guests to the Club, and any player, coach,

          other team representative, match official or spectator attending the

           Club's premises (by invitation of the Club) who is not a Member shall                     be a Guest of the Management Committee, provided that no one whose application for Membership has been declined or who has been        expelled from the Club may be introduced as a Guest.

 

18.2.   Visitors fees as set by the Management Committee will apply.

 

18.3.   The Member introducing a Guest and any person introduced as a       Guest of the Management Committee in accordance with Rule 18.1           must   enter the name and address of the Guest together with the   name of the introducer in a book which must be kept on the Club's       premises.

 

18.4.   No one who lives within 20 miles of the club may be admitted as a          Guest on more than three occasions in any calendar year. This restriction will not apply to non-members attending coaching sessions.

18.5    The relevant Member shall be responsible for his Guest’s behaviour   whilst the Guest is on Club Premises and will ensure that it is in         accordance with the Club Rules. The relevant Member recognises that     a breach of such Rules may reasonably be regarded as good grounds for the Member’s expulsion from the Club in accordance with the Rules

 

19.     Opening of Club premises

The Club is open between 08.00am and 22.00pm on each day or at such other times or for such other periods as the Management Committee shall decide. The Club's facilities shall be available to the Member without discrimination.

 

20.     Alteration of the Rules

These Rules may be altered by resolution at an annual or extraordinary General Meeting provided that the resolution shall not be passed unless carried by a three-quarter’s majority of the Members present and voting at the General Meeting, the notice of which contains particulars of the proposed alteration or addition.

 

21.     Regulations and Standing Orders

The Management Committee shall have power to make, repeal and amend such regulations and standing orders as it may from time to time consider necessary for the wellbeing of the Club provided that they shall not prejudice the Club's status as a Community Amateur Sports Club. Such regulations and standing orders and any repeals or amendments to them shall have effect until set aside by the Management Committee.

 

22.     Use of Facilities

22.1    Each Member agrees that all unlicensed and unregistered coaches        and, so far as reasonably practicable, players, Guests  and other persons using the facilities of the Club will be required, as a condition     of such use, to agree to be bound by and subject to these Rules, the           rules and regulations of the relevant CLTA, the LTA Rules and the          LTA Disciplinary Code, such agreement to contain an express acknowledgement that the Contracts (Rights of Third Parties) Act 1999           applies and that the LTA and the CLTA can enforce any breach at its         option and in its sole discretion

 

22.2    Each Member acknowledges and agrees that the use of the Club        facilities by him and his Guests (and in particular during the pursuit of           the Game) are at his or their own risk

 

22.3    Each Member acknowledges and agrees that the Club is not      responsible for the safekeeping of his possessions or those of his   Guest and are therefore brought on to the Club Premises at his or their      own risk

 

23. Finance

23.1.   All moneys payable to the Club shall be received by the person

          authorised by the Management Committee to receive such moneys           and shall be deposited in a bank account in the name of the Club. No   sum shall be drawn from that account except by cheque signed by two          of the signatories who shall be the Chairman, Secretary and           Treasurer(s) or a bank transfer authorised by the Treasurer(s).

 

23.2.   Any moneys not required for immediate use may be invested as the

           Management Committee in its discretion thinks fit.

 

23.3.   The Management Committee shall have power to authorise the           refund of expenses properly incurred by any officer or member of the        Management Committee in respect of the administration of the Club           affairs.

 

23.4.   No member of the Management Committee is entitled to any     remuneration in respect of such membership

           

23.5.   The Club may pay any reasonable expenses that members of the

          Management Committee properly incur in connection with their

          attendance at meetings of the Management Committee or at annual or

          extraordinary General Meetings of the Club or otherwise in connection

          with the exercise of their powers and the discharge of their responsibilities

          in relation to the Club.

 

23.6.   The financial transactions of the Club shall be recorded in such manner

          as the Management Committee thinks fit by the Treasurer.

 

23.7.   Full accounts of the financial affairs of the Club (and if thought fit      those of the Nominee Company) shall be prepared in respect of each          Accounting Year. These accounts shall be duly audited by the Auditor.

 

23.8.   The audited accounts referred to in Rule 23.7 must be made available        to every Member at the Annual General Meeting and subsequently made available to members who are not able to attend by request from          individual members.

 

24. Borrowing         

24.1.   The Management Committee may borrow a maximum total amount of   

          £20,000 on behalf of the Club for the purposes of the Club from time to

          time at its own discretion and with the sanction of a general meeting

          any further money above that sum.

 

24.2.   When so borrowing the Management Committee shall have power to

           raise in any way any sum or sums of money and to raise the repayment

           of any sum or sums of money in such manner on such terms and

           conditions as it thinks fit provided that in the event that the repayment         of any sum or sums is to be secured (in particular by mortgage of or

            charge upon, or by the issue of debentures charged upon all or any        part of the property of the Club) the grant of such security must be    approved by the Club at a general meeting).

 

24.3.   The Management Committee shall have no power to pledge the

          personal liability of any Member for repayment of any sums so

          borrowed.

24.4.   The Trustees shall, at the discretion of the Management Committee,

          make such dispositions of the Club's Assets or any part thereof, and   enter into and execute such agreements and instruments in relation        thereto, as the Management Committee may deem proper for giving security for such moneys and the interest payable thereon.

 

25. Notices

25.1.   The Management Committee can send, make available or supply any notice, ballot paper, accounts, document, or other information by personal delivery, by posting it to the intended recipient’s usual address, by sending it or supplying it in electronic form to an address    notified by the intended recipient to the Club or by making it available on a website and notifying the intended recipient of its availability in accordance with this rule.

 

25.2.   If any notice or other information is left by the Management Committee    at the intended recipient’s usual address, it is treated as being       received on the day it was left.

 

25.3.   If any notice or other information is sent by the Management           Committee by post, it is treated as being received the day after it     was posted if first class post was used, or 72 hours after it was posted      if first class post was not used. In proving that any notice or other      information was received, it is sufficient to show that the envelope was           properly addressed and put into the postal system with postage paid.

 

25.4.   If any notice or other information was sent using electronic means, it is

           treated as being received on the day it was sent. In the case of notices

           or other information available on a website, the notice or other

           information is treated as being received on the day on which it was

           made available on the website or, if later, the day on which the notice      of availability is treated as being received by the intended recipient in

           accordance with this Rule.

 

 

 

 

26.      Prohibition of Distribution of Club Assets and Club Dissolution

26.1    Prohibition to distribute Club Assets 

          26.1.1 Notwithstanding anything to the contrary in either these Rules or                             any other rule of law, the Management Committee shall not be                          entitled to distribute any Club Asset to its Members; and

 

          26.1.2 No Member shall be entitled to claim all or any part of the                                    Club’s Assets and renounces any such claim which such                                          Member might otherwise have.    

 

26.2.   A resolution to dissolve the Club shall be proposed only at an

           extraordinary General Meeting and shall be passed only if carried by a

           majority of at least three-quarters of the Members present and voting.

 

26.3.   The dissolution shall take effect from the date of the resolution and the

          members of the Management Committee shall be responsible for the

          winding-up of the assets and liabilities of the Club.

 

26.4.   Any Club Assets remaining on a winding up or dissolution of           the Club        after the discharge of the debts and liabilities of the Club shall not be       paid to or distributed among the Members but shall be given      or           transferred to one or more of the following sporting or           charitable bodies     in order of preference, namely:

(a)    The LTA for use in community related initiatives for the Game;

(b)    Another registered community amateur sports club for the Game;          or

          (c)    a registered charitable organisation which satisfies the iusdem    generis principles relating to the Club’s Objects set out in Rule 3

 

26.5    Rule 26.4 confers a benefit on those persons or organisations                               mentioned in that Sub-Rule and is intended to be enforceable                               by such persons or organisations by virtue of the Contracts                          (Rights of Third Parties) Act 1999. 

 

END