1. Name
The name of the Club is “The Weald Lawn Tennis and Squash Racquets Club”. (Founded as “The Weald Lawn Tennis Club” in 1920)
2. Club Premises
These comprise the tennis courts, the squash courts, the club house and the adjoining land situated at South Bank, Hassocks, West Sussex or at such other address or addresses as the Club may in General Meeting determine.
3. Club Purposes
The purposes of the Club are to foster and promote participation in the amateur sports of Tennis, Squash and Racketball within the community, providing facilities for playing, opportunities for recreation, coaching and competition.
4. Affiliation
4.1 The Club will take and retain membership of the Sussex County Lawn Tennis Association (CLTA) and by doing so becomes and remains registered as an associate of the LTA and agrees 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.
4.2 Notwithstanding any of the above, the Club shall also retain membership of England Squash and Racketball (ESR) as appropriate.
5. Permitted means of advancing the Purposes
The Committee shall have responsibility for the management of the Club, its funds, property and affairs. Subject to these Rules and the Club’s status as a Community Amateur Sports Club (CASC), the Club Committee (“The Committee”) has the power to:
5.1 acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;
5.2 provide coaching, training, medical treatment, and related social and other facilities;
5.3 take out any insurance for club committee, employees, contractors, players, guests and third parties;
5.4 raise funds by appeals, subscriptions, loans and charges;
5.5 borrow money and give security for the same, and open bank accounts;
5.6 buy, lease or licence property and sell, let or otherwise dispose of the same, provided that no sale or other disposition of the Club Premises or any part thereof (not being a mortgage or charge for the purpose of borrowing money to be applied for the purposes of the Club) shall be made nor shall the Club be dissolved, nor shall this Rule be altered, otherwise than pursuant to a resolution passed at a General Meeting by at least two-thirds of all Eligible Members as hereinafter defined, or with the consent in writing of at least two-thirds of all said Eligible Members pursuant to a resolution passed at a General Meeting by a simple majority of those of the said Eligible Members present and voting.
5.6.1 For the purpose of Rule 5.6 and of Rule 17.1 ‘Eligible Members’ mean Members (other than Junior Members) who at the date when the resolution is moved have been such members continuously during the period of three years immediately prior thereto.
5.7 set aside or apply funds for special purposes or as reserves;
5.8 deposit or invest funds in any lawful manner;
5.9 employ and engage staff (including members) and others and provide services according to HMRC guidance.
5.10 (subject to any authorisation required by law), supply intoxicating liquor on behalf of the Club on the Club’s premises to Members (other than Junior Members under the age of 18 years) and others for consumption on the premises, or off the premises. The whole proceeds from the supply of intoxicating liquor shall be handed over to the Honorary Treasurer and applied for the benefit of the Club as a whole and no person shall receive at the expense of the Club any commission, percentage or similar payment on or with reference to the purchase or supply of intoxicating liquor by the Club;
5.11 co-operate with any organisation, club, sporting body, government or government-related agencies; and
5.12 do all other things reasonably necessary to advance the purposes.
5.13 The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are to be re-invested in the Club. No surpluses or assets will be distributed to members or third parties.
6. Membership
6.1 Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.[1]
6.2 Conditions of membership in relation to Tennis
Each member (of each class) agrees as a condition of membership:
(A) To be bound by and subject to these rules and 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.
6.2.1 Rule 6.2 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 members do not intend that any term of these rules, apart from Rule 6.2 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.
6.3 The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.[2]
6.4 The level of subscriptions will be decided by the Committee from time to time and notified to the members.
6.5 The Committee will from time to time determine the different categories of membership
6.5.1 Persons below the age of 18 may become Junior Members and attend any General Meeting, but without the right to be elected to the Committee or to vote at any General Meeting.
6.5.2 Members of any category who are not Junior Members or Honorary Members and who are over the age of 18 are eligible to vote at any General Meeting or to be elected to the Committee.
6.6 Application for membership of the Club shall be by completion of a membership application form.
6.7 On the recommendation of the Committee, Members may be elected Life Members at any General Meeting of the Club, with or without any special payment for such life membership and they shall thereafter be entitled to all the benefits and privileges of full membership without paying any subscription. A two-thirds majority of those Members present and voting shall be necessary for such election.
6.8 No person shall be eligible to take part in the business of the Club, vote at General Meetings or be eligible for selection for any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Committee
6.9 The Committee may refuse membership, or remove it, at their discretion but only for good cause such as conduct or character likely to bring the Club or the sports of Tennis, Squash and Racketball into disrepute and:
6.9.1 the Committee may only refuse to admit a new member if a resolution is passed at a meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Committee to consider at the meeting. Appeal against a refusal of membership shall be to the “Appeal Committee” as detailed below.
6.10 The procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail below.
6.11 All members will be subject to these Rules and by joining the Club will be deemed to accept these Rules, any Club Regulations and any Codes of Conduct that the Club has adopted. A Code of Conduct for Members and Guests must be displayed prominently to ensure that all Club guests and non-member volunteers are aware of the code and the requirement to abide by it.
6.12 The Honorary Membership Secretary will keep a register of members.
6.13 Membership is not transferable and shall cease on death.
6.14 A Member may resign by written notice to the Club, but the return of any subscription paid is at the discretion of the Committee.
7. Guests and Visitors
7.1 Guests introduced by a Member for the purpose of using the Club’s playing facilities shall be admitted to the Club’s premises upon the Member entering their names and his or her own name in the Guest Book. The Committee shall from time to time determine the fees to be paid in respect of guests using the Club’s courts, and they may fix fees to be paid in respect of all guests admitted on special occasions whether or not they use the Club’s courts. A Member introducing a guest shall pay any such fee forthwith upon the guest entering the premises and shall indemnify the Club against any liabilities incurred to the Club by the guest during his or her visit. The Committee will also at its discretion determine the number of times a guest player may be introduced in any twelve month period.
Non-members who are visitors using the Club’s facilities with the sanction of the Committee (e.g. for the purpose of competing in matches and tournaments), and relatives and friends accompanying such non-members shall be admitted to the Club’s premises on such occasions and on payment of such fees, if any, as the Committee may from time to time fix.
8. All General Meetings (AGMs and EGMs)
8.1 All Members may attend all General Meetings of the Club in person.
8.2 All Members have one vote.
8.3 Members must be given at least 21 clear days written notice of all General Meetings.[3]
8.4 The quorum for all General Meetings is 20 Members present or ten per cent of the voting membership whichever is greater.[4]
8.5 If a quorum is not present within 15 minutes of the start of the meeting, the meeting will be adjourned to the following week at the same time and place or such other time and place as the chairman of the meeting shall decide and any Members attending the adjourned meeting will constitute a quorum.
8.6 The President, a Vice-President or, in their absence, another member chosen at the meeting by the Members shall preside and chair the meeting.
8.7 Except as otherwise provided in these Rules or in Club Regulations every resolution shall be decided by a simple majority of the votes cast on a show of hands.
8.8 Formalities in connection with General Meetings (such as how to put down resolutions) shall be decided by the Committee in Club Regulations and publicised to Club members.
9. Annual General Meetings
The Club will hold an AGM once in every calendar year and not more than 15 months after the last AGM.
At every sixth AGM:
9.1.1 the Members shall elect a President and no more than three Vice-Presidents to serve until the AGM in the fifth calendar year after election.
At every AGM:
9.1.2 the Members will elect a Committee including a Chairman, Honorary Treasurer, Honorary Secretary, Honorary Membership Secretary Tennis Sub-Committee Chairman and Squash Sub-Committee Chairman (who are the Officers) and in addition no more than eight other members to serve until the next AGM, provided that no Officer shall serve for more than six consecutive terms without spending one year out of any office before being eligible for appointment again[5];
9.1.3 the Honorary Treasurer will produce accounts of the Club for the latest financial year independently audited or examined as the Committee shall decide;
9.1.4 the Committee will present a report on the Club’s activities since the previous AGM;
9.1.5 the Members will appoint a suitable person to audit or examine the accounts;
9.1.6 the Members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting and
9.1.7 all candidates for election shall be proposed by one Member and seconded by another Member, the said proposals to be in writing and submitted by not later than seven days before the date fixed for the Annual General Meeting to the Honorary Secretary.
10. Extraordinary General Meetings (EGM)
An EGM shall be called by the Honorary Secretary within 14 days of a request to that effect from the Committee or on the written request of not less than thirty Members signed by them. Such an EGM shall be held on not less than 21 nor more than 28 days’ notice at a place decided upon by the Committee or in default by the Chairman. If the Committee fails to call a meeting within 14 days of receiving a valid request from the Members then the requisitionists may themselves call a meeting, the costs of which will be reimbursed by the Club. Such a meeting may deal only with the business specified in the request.
11. The Committee
11.1 The Committee shall consist of the Club Chairman, the Honorary Secretary, the Honorary Treasurer, the Honorary Membership Secretary, the Tennis Sub-Committee Chairman and Squash Sub-Committee Chairman (the Officers) in addition to no more than eight other members.
11.2 Any Committee member may be re-elected without limit.
11.3 A Committee member shall not hold more than two offices at any one time and only in exceptional circumstances.
11.4 Each Officer of the 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 or she is a fit and proper person prior to being elected.
11.5 The Committee shall have the power to appoint any Member to fill, until the next Annual General Meeting, any casual vacancy on the Committee that may arise.
11.6 A Committee member ceases to be such if he or she:
(a) ceases to be a Member of the Club; or
(b) resigns by written notice to the Club; or
(c) is removed by the Committee in accordance with Rule 6.8 and Rule 12.
11.7 Committee Meetings
11.7.1 Whenever a Committee member has a personal interest in a matter to be discussed he or she must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned.
11.7.2 The Committee shall meet in person at regular intervals and at least six times each year. Meetings are governed by the following rules:
(a) at least five Committee members must be present for the meeting to be valid;
(b) The Hon Secretary should give at least seven days‘ notice of General Committee meetings, although the Chairman or Hon Secretary may call an emergency meeting of the General Committee at shorter notice if it is in the interests of the Club.
(c) the Chairman or, whoever else those present choose, shall chair meetings;
(d) decisions shall be by simple majority of those voting;
(e) a resolution in writing signed by every Committee member shall be valid without a meeting; and
(f) the chairman of the meeting shall have a casting vote.
11.7.3 The Committee shall appoint a Club Welfare Officer to ensure compliance with safeguarding legislation. The Club Welfare Officer shall report to relevant Committee meetings and the reports, together with any action taken, must be minuted.[6]
11.8 Bank Account
Any bank account in which any part of the Club’s funds is deposited shall be operated by the Committee and shall be held in the name of the Club. Unless regulations state otherwise, all cheques and orders for payment of money from such accounts must be signed by at least two people authorised by the Committee, including at least one Committee member.[7]
11.9 Delegation, etc.
The Committee may delegate any of their functions to sub-committees but must specify the scope of its activity and powers; the extent to which it can commit the funds of the Club; its membership; its duty to report back to the Committee. The Committee may wind up any sub-committee at any time or change its mandate and operating terms.
11.10 Disclosure
Annual club reports and statements of account must be made available for inspection by any member and all club records may be inspected by any Committee member.
12. Removal of Membership, Discipline and Appeals[8]
12.1 Any complaints regarding the behaviour of members, guests or volunteers should be lodged in writing with the Secretary.
12.2 Any person that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the relevant committee in reasonable time to prepare for any hearing.
12.3 The Committee shall appoint a disciplinary sub-committee (Disciplinary Sub-Committee) who will meet to hear complaints within 21 days of a complaint being lodged. Any person requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including the termination of membership or exclusion from Club premises.
12.4 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within 14 days following the hearing.
12.5 There shall be a right of appeal within 14 days of receipt of the disciplinary decision or decision to refuse membership:
12.5.1 against the Disciplinary Sub-Committee’s findings or the sanction imposed or both; and
12.5.2 against the Committee’s refusal to admit a new member
in either case, the Committee shall appoint an appeals committee (“Appeals Committee”). The Appeals Committee shall have a maximum of three members, which shall not include members involved with the initial disciplinary hearing but may include non-members of the Club. The Appeals Committee shall consider the appeal within 21 days of the Secretary receiving the appeal. The individual who submitted the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses. The decision of the Appeals Committee shall be final and binding on all parties.
13. Property Trustees
13.1 Any property or assets of the Club may be vested in between two and four Trustees. The Trustees shall hold the same for and on behalf of the members of the Club.
13.2 The Committee shall have power by notice in writing to appoint such Trustees from the membership of the Club, and may remove them at any time, by resolution of the Committee.
13.3 The Trustees shall deal with the Club’s property and assets as directed by the Committee from time to time.
13.4 The Trustees shall be entitled to be indemnified against any cost or expense properly incurred in dealing with the property or the assets out of the Club’s funds.
14. Club Regulations
The Committee may make Club Regulations consistent with these Rules and will publicise these to the membership.
15. Notices
15.1 Notices to be sent out in accordance with these Rules may be sent by hand, by post or by suitable electronic means and will be treated as being received:
15.1.1 Twenty four hours after being sent by electronic means or delivered by hand to the relevant address;
15.1.2 Two clear days after being sent by first class post; or
15.1.3 Three clear days after being sent by second-class post.
15.2 Notice of all General Meetings must also be put on the Club’s notice board(s) and website (if any).
15.3 A technical defect in the giving of notice of which the Members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.
16. Amendments
16.1 These Rules may be amended at a General Meeting or Extraordinary General Meeting by a resolution passed by two-thirds of the votes cast, but not (if relevant) so as to jeopardise the Club’s status as a Community Amateur Sports Club as first provided for by the Corporation Tax Act 2010 as amended by the Finance act 2010 and not in any event to alter its Purposes (unless the procedure set out in 5.6 has been followed) or winding up provisions; and
16.2 provided that no such resolution shall have effect unless notice of an intention to propose an amendment, specifying the nature thereof, was included in the notice of the meeting issued under Rule 8.3 and Rule 15.
17. Winding Up the Club
17.1 The Eligible Members (as defined in Rule 5.6.1) may vote to wind up the Club if not less than two thirds of those present and voting support that proposal at a properly convened General Meeting pursuant to a resolution passed at a General Meeting by a simple majority of Eligible Members and provided that no such resolution shall have effect, unless notice of an intention to propose the winding up of the Club was included in the notice of the meeting issued under Rule 8.3.
17.2 The Committee will then be responsible for the orderly winding up of the Club’s affairs.
17.3 After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:· to another Club with similar sports purposes which is a charity; and/or to another Club with similar sports purposes which is a registered CASC; and/or to the Club’s county or national governing bodies for use by them for related community sports.[9]