Constitution & Bye Laws

Peterculter Golf Club Constitution
Peterculter Golf Club Bye-Laws

1. General
(a)      The Rules of Golf as they may from time to time be approved by the Royal & Ancient Golf Club of St  Andrews will, except where otherwise specifically provided on terms of these Bye-Laws, be the Rules of the club.
(b)      Local Rules will be those set forth on the scoring cards for the Clubs Course or as they may be altered by the Committee from time to time and set forth on the Club notice board.
(c)      The Committee will have power
          (i) to regulate or restrict play on the course, and
          (ii) to decide any question or dispute that may arise in connection with all Club competitions.
(d)      the handicaps of members shall be fixed by a sub-committee of the Committee whose decision shall be final.

2. Player Identification
(a)      A member will display a current identity tag on his or her golf bag at all times whilst on the golf course and will permit inspection of the tag by any other member or employee of the Club.
(b)      A guest or visitor must carry the supplied green fee ticket at all times whilst playing on the course.  This does not apply to pre-booked visiting parties, who are issued with a single party ticket.
(c)      A player not displaying a valid bag tag or a correct green fee ticket may be asked by any Member or employee of the Club to leave the course.

3. Priority on the Course
(a)      If a match fails to keep its place on the course and loses more than one hole on the players in front, it must invite the match following to play through.  (The correct position for a match is behind the game in front, not just in front of the game behind).
(b)      Players should start at the 1st hole under normal circumstances.  Player starting at any other hole and having left the 18th green do not have priority at the first tee over players starting their game at the 1st or waiting to go on to the tee or coming to the tee at their booked time.
(c)      A lone player has no standing and must give way to a match of any kind.
(d)      Players cutting in must ensure that the hole behind is clear.

4. Etiquette on the Course
(a)      No one should move, talk or stand close to or directly behind the ball or the hole or cause distraction when a player is addressing the ball or about to play a stroke.
(b)      In the interests of all, players should play without delay. (ie move quickly between shots.
(c)      No player should play until the players in front are safely out of range.
(d)      Players searching for a ball should signal the players behind them to pass through as soon as it becomes apparent that the ball will not be easily found.  They should not recommence play until the players called through have passed and are safely out of range.
(e)      When the play of a hole is completed, players should immediately leave the putting green.
(f)      Before leaving a bunker, a player will carefully fill up and smooth over all holes and footprints made by him or her.  Bunker rakes, where provided, will be used and place outside the bunker after use.
(g)      Through the green, a player will ensure that any turf cut or displaced by him/her is replaced at once and pressed down firmly and that any damage done to the putting green by the ball is carefully repaired.
(h)      Players should ensure that, when putting down the flagstick, no damage is done to the putting green and that the flagstick is properly replaced in the hole before leaving the green.  Players will not damage the hole or the putting green when removing the ball from the hole.
(i)      In taking practice swings, players will avoid causing damage to the course, particularly the tees, by removing divots.
(j)      Trolleys, golf carts and bags are not allowed on putting greens.  Trolleys are not allowed on tees and must follow the paths and direction signs set out for them.  Only trolleys with wide wheels are allowed on the course.

5. Dress on the Course
All adult golfers must abide by the dress code as detailed below.
Dress Code on the course:
(a)      All players should be dressed suitably for golf, i.e. casual but smart.  No football/rugby tops, track suits, sleeveless shirts (men only), collarless t-shirts or blue denim jeans.
(b)      Golf shoes must be worn. It is considered acceptable for Juniors to wear trainers.
(d)      No torn or studded jeans or torn trousers.
(e)      Tailored/dress shorts only may be worn. Sports shorts are not permitted.
Dress Code in the Clubhouse:
(a)      The following must not be worn in the Clubhouse: wet clothing, hats/caps, t-shirts, football/rugby tops and any type of golf shoes.
(b)      Only tailored shorts are acceptable in the Clubhouse as well as denim jeans providing they are free of any fraying, holes, rips or tears.
(c)      Golf shoes are not to be worn in the lounge or locker passage room and suitable footwear must be worn in the Clubhouse at all times.
All members of staff have been instructed by the committee to ensure that this code is adhered to at all times.  Any member/guest not adhering to the code will be denied access to the course or refused serving at the bar.

6. Starting Times and Playing Entitlement
(a)      Booking Starting Times:
          Subject to the availability of the tee, as determined by the Secretary/or Golf Manager, members may book starting times up to 7 days ahead or 10 days ahead for matches.
(b)      Cancellation of Booked Times:
          Players unable to take up a booked time must cancel their booking as early as possible. Regular offenders failing to cancel will be censured.
(c)      Guests:
          Ordinary members of the Club may introduce up to three guests at one time. The appropriate green fee must be paid prior to commencing play and the guests names and home clubs entered in the Visitors Book by the introducing member.
Members must accompany their guests on the course and are responsible for their actions. A person introduced as a guest may not be introduced again as a guest of that, or any other member during that same calendar month, except by prior arrangement with the Club Secretary.

7. Avoid Slow Play
As a reasonable guide, the playing time on a SSS 69 golf course should be:
for a 2-ball: 2.5 hours
for a 3-ball: 3 hours
for a 4-ball: 3.5 hours

8. Clubhouse
(a)      (i) The Club will be open to members daily between such hours as the Committee shall from time to time determine, but the Committee may close it between such hours for such period as it may deem necessary for cleaning or such other reasons as the Committee may consider to be appropriate.
          (ii) The hours during which excisable liquor may be served in the Clubhouse shall be fixed by law, but shorter hours may be fixed by the Committee.
          (iii) No excisable liquor shall be supplied to any person under the age of 18 years.
          (iv) All members will defray whatever expenses they or their guests incur before leaving the Club, the Bar Manager and all employees of the Club having strict orders to refuse credit.
          (v) No notice of any kind shall be displayed in the Clubhouse except by authority of the Committee. Members shall not advertise goods or services.
          (vi) No member will date or address from the Clubhouse any communication intended to appear in any newspaper, periodical or other publication without prior authorisation of the Committee.
          (vii) No member will use the Club address for business purposes.
          (viii) The Committee may make regulations laying down conditions upon any game which may be played in the Clubhouse and may prohibit any games the playing of which are unlawful or would in the opinion of the Committee be likely to cause any disturbance or be injurious the the interests of the Club.
          (ix) Gaming machines are regulated under Part III of the Gaming Aact.  No person under the age of 18 years is allowed to play the gaming machines.
(b)      (i) An annual rental fixed by the Committee shall be paid in advance by each member who has been allocated a locker in the Clubhouse.
          (ii) Any member not wishing to renew his rental of a locker in the Clubhouse shall notify the Secretary and remove all items from the locker before 28th of February in any year; otherwise he or she shall be held to have renew his or her rental of the locker and will be liable for the rent for the ensuing year.
          (iii) Lockers will not be transferable or exchangeable.  The Committee shall be responsible for the allocation of lockers on an equitable basis.
          (iv) In no circumstances will the Club or any officer or employee of the Club be liable for the loss of or damage to or destruction of any item left in a locker, howsoever arising.

9. Dress in the Clubhouse
Members and Guests must abide by the undernoted dress code:
(a)      All members will be suitably dressed, as a minimum casual but smart.
(b)      No singlets or sleeveless tops.
(c)      No torn or studded jeans or torn trousers.
(d)      Golf shoes will not be worn in the lounge or locker room passage.  Normal outdoor shoes shall be worn in the lounge.

10. Security
In the interests of safety and security, golf equipment will not be left in the entrance hall.  When not in use, golf equipment is to be kept in lockers. Items of clothing or golf equipment must not be left in locker-room overnight.

11. General
(a)      (i)The Committee may at any time fix a maximum number of guests to be introduced to the Club by any member at one time.
          (ii) It shall be the responsibility of a member introducing a guest to the Clubhouse to ensure that the guests name and address are recorded in the book provided for that purpose and that the guest is signed in by the member.
          (iii) The member introducing a guest to the Club will be responsible to the Club for ensuring the guests compliance with the Rules and ByeLaws of the Club and for the guests dress and behaviour.  The member will indemnify the Club from and against all expense, losses and claims, of whatever nature, resulting from the behaviour of the guest.
(b)      Trophies must not be removed from the Clubhouse.
(c)      No member will introduce or permit to be introduced into the Clubhouse or on the Golf Course any animal other than a Guide Dog for the blind.
(d)      (i) All members will at all times conduct themselves in a sober and responsible manner.
          (ii) No member will at any time conduct himself or herself in a violent, abusive, offensive or dishonest manner towards any office bearer, employee, member, visitor or other person or in such a way as is, in the opinion of the Committee, in breach of the Rules of the Club or injurious to the character or interests of the Club.  In the event of any member being in breach of this Bye-Law (THIRD) (d) he or she shall be liable to be disciplined under Rule 4 (j) of the Constitution.
(e)      All complaints or statements or evidence with regard to any complaint must be made in writing to the Secretary and signed by the member complaining.  The Secretary will submit all such complaints to the Committee, who shall take the matter into its immediate consideration and give such deliverance or order thereon as they may deem necessary.  In no instance shall an employee of the Club be reprimanded directly by a member.

Peterculter Golf Club Constitution  

   

Adopted at Annual General Meeting on 18th February 2014

 

NAME

 

1.         The name of the club shall be "Peterculter Golf Club" (hereinafter referred to as the "Club").

 

OBJECTS OF THE CLUB

 

2.         The Club is a non profit making body formed to:-

 

2.1       promote the game of golf in the village of Peterculter (as the term "the village of Peterculter" may be defined by the Committee from time to time) and surrounding areas;

 

2.2       acquire by purchase, lease or otherwise any other lands or property situated contiguous to the premises of the Club or elsewhere and such as may be deemed by the Club likely to advance or benefit, either directly or indirectly, the interests of the Club;

 

2.3       maintain and conduct a Golf Club for the accommodation of the members of the Club, guests and visitors, and to provide a clubhouse and other conveniences, and generally to afford to members, guests and visitors, all the usual privileges, advantages, conveniences and accommodation of a Club;

 

2.4       provide and maintain a clubhouse, a greenkeeper's house,  club makers premises, caddie shelter, garages, stores and other buildings, offices and erections;

 

2.5       purchase, hire, lease, make or provide and maintain and sell or otherwise dispose of all kinds of equipment and other things required or which may be conveniently used in connection with the course and grounds, clubhouse and other premises of the Club;

 

2.6       buy, prepare, make, sell, supply and deal in all kinds of golf clubs, balls and equipment used in connection with the game of golf, and provide all kinds of liquors, provisions and refreshments;

 

2.7       hire and employ all staff deemed necessary for the purposes of the Club and pay to them and to other persons in return for services rendered to the Club salaries, wages, charges and pensions;

 

2.8       promote, hold and arrange golf and other matches and competitions, and offer and grant or contribute towards the provision of prizes, awards and distinctions;

 

2.9       borrow or raise money, and secure the repayment thereof in such manner as the Club may think fit, and, in particular, by the issue of debentures or debenture stock, bills of exchange, promissory notes or other obligations or securities of the Club or by mortgage or charge upon all or any part of the property of the Club;

 

2.10    construct, maintain, improve, work, manage, carry out or control any roads, ways and other works and conveniences which may to the Club seem calculated, directly or indirectly, to advance the Club's interest;

 

2.11    accumulate reserves or other funds, and to apply any such funds for the benefit of the Club or its members, or distribute the same among the members in such manner as the Club may from time to time determine;

 

2.12    pay the whole professional and other costs, charges and expenses or remuneration, incurred in connection with the running of the Club; and

 

2.13    do all such other lawful things which are incidental or conducive to the     attainment of the above objects or any of them.

 

MEMBERSHIP

  

3.        

 

Membership open to all

 

3.1       Membership of the Club is open to all and no application for membership will be refused on grounds other than reasonable grounds. There will be no discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, political or other opinion.

 

Categories of Membership

 

3.2       The Categories of membership of the Club shall be as follows, namely:-

 

3.2.1   Ordinary Members are persons over the age of 18 years who apply for membership of the Club and are elected in accordance with Rule 3.7. Ordinary Members shall be subject to a limited number, entrance fee and annual subscription all of which will be proposed by the Committee for approval by Voting Members at General Meeting.

 

3.2.1.1   The Committee shall establish two waiting lists for persons who have applied to become Ordinary Members as follows:- (a)  "The Culter List" for applicants resident within the village of Peterculter and applicants who transfer from the "Culter List" for Junior membership; and (b) "The Non Culter List" for all other applicants.  All available memberships shall be offered firstly to applicants on the Culter List and only if there is no suitable applicant on the Culter List shall membership be offered to applicants on the Non Culter List.  In all cases membership shall be offered to applicants as places become available in strict chronological order according to the date of receipt of their applications.

 

3.2.2   Junior Members are persons over the age of 7 years and under the age of 18 years who apply for membership of the Club and are elected in accordance with Rule 3.7.  Junior Members shall be subject to a limited number, entrance fee and annual subscription all of which will be proposed by the Committee for approval by Voting Members at General Meeting.  Applications for Junior membership may be made at any age but in the event of an applicant reaching the top of a waiting list before reaching the minimum age for membership, such applicant will not be offered membership but will remain at the top of the waiting list until the applicant reaches such minimum age.  Applicants for Junior membership who have not been offered membership by the time they reach the age of 18 years will be entitled to have their application transferred to the appropriate waiting list for Ordinary membership as if their application for Ordinary membership had been received on the date of receipt of their application for Junior membership.  On attaining the age of 18 years Junior Members will automatically be entitled to convert to an Ordinary Member without payment of a joining fee and subject to such transitional arrangements as the Committee may determine from time to time regarding payment of the annual subscription.

 

3.2.2.1   The Committee shall establish two waiting lists for persons who have applied to become Junior Members as follows:- (a)  "The Culter List" for applicants who are resident within the village of Peterculter; and (b)  "The Non Culter List" for all other applicants.  All available memberships shall be offered firstly to applicants on the Culter List and only if there is no suitable applicant on the Culter List shall membership be offered to candidates on the Non Culter List.  In all cases membership shall be offered to applicants as places become available in strict chronological order according to the date of receipt of their applications.  The Committee shall, however, ensure that priority is given to those applicants on the Culter List whose applications have been outstanding for 12 months or more and who have reached the age of 17 years. 

 

3.2.3   5 Day Members are persons over the age of 18 years who apply for membership of the Club on the basis that they will be permitted to play the course Monday to Friday teeing off prior to 4.30pm only (or on such other days and times as may be determined by the Committee from time to time) and are elected in accordance with Rule 3.7.  5 Day Members shall be subject to a limited number, entrance fee and annual subscription all of which will be proposed by the Committee for approval by Voting Members at General Meeting.  5 Day Members shall not be permitted to be Office Bearers of the Club or sit on the Committee.

 

3.2.4 Term Members are Ordinary Members who apply to transfer their membership of the Club to a fixed term membership for a certain number of years in consideration of the payment of a lump sum subscription and are elected in accordance with Rule 3.7.  Term Members shall be subject to a limited number and lump sum subscription both of which to be proposed by the Committee for approval by Voting Members at General Meeting.  Term Members shall not be liable to an annual subscription during the agreed term.  Upon expiry of the agreed term, the Term Member shall have the right to: - (i) reapply for a further term which term and lump sum subscription are to be proposed by the Committee and approved by the Voting Members at General Meeting; or (ii) resume Ordinary membership of the Club subject to payment of the relevant annual subscription.

 

 3.2.5  Life Members comprise persons who after being Full Members for at least 15 years (whether consecutive or not) apply for membership of the Club for life and are elected in accordance with Rule 3.7.  Life Members shall be subject to a limited number and subscription both of which to be proposed by the Committee for approval by Voting Members at General Meeting.  Life Members shall not be liable to an annual subscription during their Life membership.

 

3.2.6   Honorary Members are members of the Club who have given outstanding and exceptional service to the Club or individuals who have given outstanding and exceptional service in furthering the game of golf and are admitted on such terms and conditions as the Committee may determine from time to time.

 

3.2.7   Temporary Members are visitors to the Club who in consideration of the payment of a fee are granted Temporary Member status permitting half day, full day, week and other temporary memberships as shall be granted by the Committee which fee and terms are to be determined at the discretion of the Committee.

 

3.2.8   Social Members are persons aged 18 years and over who have applied for membership of the Club on the basis they are restricted to the privileges of the clubhouse and have no right to the privileges of the golf course and are elected in accordance with Rule 3.7.  The maximum number of Social Members at any time will be 100 (or such other number as may be determined by the Committee from time to time).  Priority will be given to applications for Social membership in the following order, namely, firstly applicants resident within the village of Peterculter and secondly any other applicants.  Applicants within the said categories will be dealt with in strict chronological order in accordance with the date of receipt of the applications.  The granting of Social membership to any person confers no entitlement on that person to annual renewal of that membership.

 

Definitions

 

3.3       The term "Full Members" shall mean Ordinary Members, Life Members, Honorary Members and Term Members.

 

3.4       The term "Voting Members" shall mean Full Members and 5 Day Members.

 

            Aberdeen City Council Preference

 

3.5       For all categories of membership of the Club, preference shall be given to applicants resident within the boundaries of Aberdeen City Council or its successors.  In particular, the Committee shall be obliged to endeavour to ensure that a minimum of 60% of the members of the Club are or were at the time of their application resident within the village of Peterculter.

 

            Applications

 

3.6       Any person desiring to be admitted as a member of the Club, (other than as a Temporary, Honorary or Term Member), shall apply in writing to the Committee  or as otherwise directed  and subject to the Committee's approval (or the approval of those persons authorised by the Committee), the applicant shall immediately be put forward for election as a member in terms of Rule 3.7 below, or, where there are no places available for membership, be placed on the waiting list in chronological order, provided that, subject to the terms of this Constitution, such application shall be considered as soon as a place for membership becomes available.

 

            Election by Committee

 

3.7       Subject to there being a place available for the membership applied for, applicants for such category of membership shall be considered for such category of membership by the Committee (or those persons authorised by the Committee) and subject to the approval of the Committee (or those persons authorised by the Committee), the applicant shall be elected as a member of the Club.

 

            Procedure for New Members

 

3.8       Immediately following the election of an applicant as a member, the Secretary/Treasurer or other designated person shall notify the applicant and issue a copy of the Club Rules and a request for payment of the annual subscription and entrance fee (where applicable).  The applicant shall not be permitted to participate in any of the Club privileges until payment of the aforementioned is received.  In the event of the annual subscription and entrance fee (where applicable) not being paid within 1 month of the election, the election of such applicant shall be void, unless a majority of the Committee is satisfied that the reason for non payment was outwith the control of the applicant.  For the avoidance of doubt no deferment of an offer of membership shall be permitted.

 

            Refused Applications

 

3.9.1   Any applicant not placed on the waiting list or elected as a member of the Club ("Refused Applicant") shall be given written notice of the decision which shall include reason(s) for the decision (a "Refusal Notice").

 

3.9.2   A Refused Applicant may appeal such a decision in writing within 14 days from the date of the Refusal Notice. The Committee will consider the appeal and give written notice to the Refused Applicant of the Committee's final decision within 28 days of the written appeal being lodged.

 

            Annual Subscriptions

 

3.10    All annual subscriptions (except as provided for in Rule 3.8) shall be payable by 1st March (or such other date as the Committee may determine from time to time).  A renewal notice will be issued by the Secretary/Treasurer or other designated person but no reminder will be sent.  If any annual subscription is outstanding as at 31st March (or such other date as the Committee may determine from time to time), a late payment penalty of 10% of the annual subscription shall become payable by that member.  If by 29th April (or such other date as the Committee may determine from time to time) any annual subscription and late payment penalty remain outstanding the member shall be deemed to have terminated their membership of the Club.

 

            If any member who shall cease to be a member by virtue of this rule, gives to the Committee a satisfactory explanation, said former member may, in the absolute discretion of the Committee and upon payment of all outstanding sums be re-admitted as a member without penalty of an entrance fee.

 

            Levies

 

3.11    All Full Members (with the exception of Honorary Members) and 5 Day Members shall pay all levies proposed by the Committee and approved by the Voting Members at General Meeting in addition to any subscription.  Any Full Member who fails to pay any validly imposed levy may at the discretion of the Committee be suspended or expelled as a member of the Club.

 

            Resignation

 

3.12    Any member wishing to resign as a member shall notify the Secretary/Treasurer in writing prior to 28th February (or such other date as the Committee may determine from time to time) failing which such member shall be liable for the annual subscription for the following year.

 

            Suspension

 

3.13    Any member wishing to suspend membership shall notify the same in writing to the Secretary/Treasurer stating the grounds for the proposed suspension.  Suspension of membership shall be at the discretion of the Committee, and shall be subject to payment of an annual fee as shall be determined by the Committee, and shall not be granted unless:-

 

3.13.1 The reason for the suspension is that the member's principal place of residence has changed or is to change and shall be not less than one hundred miles from Clubhouse and that for a minimum period of one year; or

 

3.13.2 In the case of illness, disability or incapacity, the member produces a valid medical certificate certifying that the member is unfit to play golf for a minimum period of six months.

 

            Resumption of the member's membership will be permitted subject to availability, and upon payment of the appropriate pro-rata annual subscription.

 

               Guests

 

3.14.1    Full, 5 Day and Junior Members shall be entitled to introduce guests to the Club's premises including without prejudice to the foregoing generality the clubhouse and golf course.  Such guests shall not be supplied with excisable liquor in the Club's premises unless on the invitation and in the company of a Full or 5 Day Member, and the member shall, upon the admission of such guest to the clubhouse, or immediately upon the guest being supplied with such liquor, enter their own name and the name and address of their guest in a book which shall be kept for this purpose, and which shall show the date of each visit.  A guest may remain in the clubhouse only so long as accompanied by the member introducing such guest.

 

3.14.2    No guest may be given the privileges of the golf course more than once in any calendar month without the approval of the Committee.  Payment of the appropriate fee should be made to the appointed person prior to commencement of play.

 

3.14.3    No member shall introduce as a guest to the Club any person who has been suspended or expelled from membership or whose presence and conduct in the clubhouse or on the course, is deemed by the Committee to be objectionable or prejudicial to the interests of the Club.

 

3.14.4    Such visitors and guests of the Club who themselves are members of another non-profit making club may so far as permitted by the Licensing laws for the time being be supplied with excisable liquor in the Club's premises.

 

            Notification of Postal and Email Addresses

 

3.15    Members shall require to notify the Secretary/Treasurer of their postal address and email address where applicable and of any changes in these contact details.  All notices sent to a member at the postal or email address which the Club have on record shall be considered as duly delivered to that member.

 

            All Members Subject to Rules of Constitution and Bye-Laws

 

3.16    All categories of membership are subject to the rules of the Constitution and bye-laws of the Club for the time being.

 

            Membership not Transferable

 

3.17    All categories of membership are personal to the member and are not transferable.

 

            Minimum Membership

 

3.18    In order to be properly constituted the Club must at all times have a minimum of 25 Voting Members or such other number as the Committee may determine from time to time.

 

OFFICE BEARERS AND COMMITTEE MEMBERS

  

4.        

            Office Bearers

 

4.1       The Office Bearers of the Club shall comprise of a Captain, Vice Captain, Secretary/Treasurer and Greens Convenor (hereinafter referred to as "the Office Bearers").  The Offices of Vice Captain and Greens Convenor may be held by the same person simultaneously.  The Committee of Management of the Club (hereinafter referred to as "the Committee") shall comprise of the Office Bearers, the Ladies Captain, the Gents Captain and the General Manager of the Club for the time being.  Four members shall form a quorum provided that the Captain or Vice Captain must be present at every Committee meeting. 

 

            Period of Office

 

4.2.1               The Captain and Vice Captain shall be proposed, seconded and elected in accordance with Rule 4.4.  They shall hold office until the next Annual General Meeting when they shall retire, but shall be eligible for re-election for 1 further year.  After serving for a maximum of three years, the Captain and the Vice-Captain shall be obliged to retire their respective positions and shall not respectively be eligible for re-election as Captain and Vice Captain until a further period of 5 years has elapsed. 

 

4.2.2               The Secretary/Treasurer and Greens Convenor shall be proposed, seconded and elected in accordance with Rule 4.4.  They shall hold office until the next Annual General Meeting when they shall retire but shall be eligible for re-election without limit of time.

 

4.2.3               A vacancy occurring in any of the positions of Office Bearers during the year may be filled by co-option by the Committee, with the exception of the office of Captain.  A vacancy in the office of Captain will be taken by the Vice Captain. The Office Bearers so appointed will be eligible to serve until the next Annual General Meeting when they shall retire but shall be eligible for re-election.

 

4.3       The non Office Bearer Committee members, excluding the General Manager, shall retire each year, but shall be eligible for re-appointment provided that a non Office Bearer Committee member shall not serve in excess of 4 years consecutively as a non Office Bearer Committee member.  A Committee member shall not be eligible for re-appointment as a non Office Bearer Committee member until a further period of 2 years has elapsed.

 

            Election of Office Bearers

 

4.4       The election of Office Bearers shall take place as follows:

 

4.4.1   Any Voting Member may propose 1 or more names of Full Members who are willing to serve. The names of those candidates who are willing to serve shall be voted on at the Annual General Meeting in accordance with the provisions of Rule 4.4.2. The names of each candidate so proposed shall be sent in writing to the Secretary/Treasurer stating the name of the candidate and details of the proposer and seconder at least 14 days prior to the Annual General Meeting accompanied by written confirmation signed by the candidate, consenting to the proposed election and willingness to serve if so elected. The said Notice shall specify the post for which the Full Member is standing.

 

4.4.2   An alphabetical list of all candidates shall be posted on the Notice Board of the Club at least 7 days before the Annual General Meeting. In the event of a vote for a position as an Office Bearer at the Annual General Meeting each Voting Member shall have a single vote. Any candidate achieving more than 50% of the votes cast shall be elected. In the event of a vote involving more than two candidates for a position as an Office Bearer and, following a count, no candidate has secured more than 50% of the votes cast, the candidate with the lowest number of votes shall be eliminated and a further vote or votes shall take place until only 2 candidates remain, at which stage a final vote shall be taken and any candidate who shall secure more than 50% of the votes cast shall be elected. In the event that, at any stage of the voting process, 2 or more candidates shall jointly have the lowest number of votes the Chairperson shall select by lot the candidate to be eliminated from the subsequent round of voting.

 

4.4.2.1   In the event that 2 candidates for the same position as Office Bearer each secure 50% of the votes cast, the Chairperson shall select by lot the successful candidate.

 

4.4.2.2 In the event that the number of vacancies for Office Bearers exceeds the number of candidates, the General Meeting shall have the power to fill the vacancies.

 

            Election of Non Office Bearer Committee Members

 

4.5      The election/appointment of non Office Bearer Committee members (ordinary Committee members) shall take place as follows:

 

4.5.1   The Gents Captain and Ladies Captain shall be elected in accordance with the terms of the Gents and Ladies Section Constitutions respectively.

 

4.5.2   The General Manager of the Club for the time being shall not require to be elected and, subject to the approval of the Committee, shall be automatically appointed to the Committee.

 

Prohibition on Personal Interest of Office Bearers

 

4.6.1   No Office Bearer shall lease land to the Club.  

 

4.6.2   No Office Bearer shall be a relative, business partner or person acting under the direction of any person leasing or renting land to the Club.

 

4.6.3   No Office Bearer shall be a relative, business partner or person acting under the direction of any person associated with the Club who receives emoluments based on the turnover of any aspect of the Club's activity.

 

THE COMMITTEE

 

5.

            Rules of the Committee

 

5.1       The Committee shall endeavour to hold meetings no less than once a month, the Chairperson to be the Captain or in his stead the Vice Captain or other person nominated by the Committee.  The Committee shall be responsible for the management of all the affairs of the Club, and they shall be entitled to remit any of their powers to sub-committee.  Minutes shall be taken of all proceedings of the Committee and any sub-committee to be approved at the next following meeting of the Committee or sub-committee and shall be made available to any member upon request.  A meeting of the Committee may be called by a requisition of the Captain or by a requisition of 3 Committee members or by the requisition of 12 Voting Members, all in writing to the Secretary/Treasurer who shall intimate in writing to the Committee the proposed meeting and the date, time and place.  Any Committee meeting requisitioned as aforesaid shall be held within 14 days of the Secretary/Treasurer receiving notice of the proposed Committee meeting.

 

            Role of Secretary/Treasurer

 

5.2      The Secretary/Treasurer or other authorised person shall oversee the correspondence of the Club, and shall be responsible for the custody of all documents and papers belonging to the Club. The Secretary/Treasurer or other authorised person shall keep full and correct Minutes of all proceedings and meetings and records of all Club competitions.  The Secretary/Treasurer or other authorised person shall keep complete and accurate accounts and books showing the financial affairs and the intromissions of the Club.  The Secretary/Treasurer or other authorised person shall make the annual Statement of Accounts and Balance Sheet of the Club available to members.

 

            Golf and Greens Sub-Committee

  

5.3       The Committee shall have the power to constitute a Golf and Greens Sub-Committee (hereinafter referred to as the "GGC") who shall be responsible for the day to day running of all golf activities and maintenance of the golf course.  The GGC shall be properly constituted and subject to the authority of the Committee and to such rules as may be determined by the Committee from time to time.  The GGC shall comprise of the Greens Convenor, the Ladies and Gents Captains or their respective representatives, the General Manager, the Course Manager and up to four additional Full Members.

 

 

            Authority to Employ Persons

 

5.4       The Committee shall be entitled to employ persons to assist the Office Bearers with the management of the Club and any such persons shall report to and be duly supervised by a nominated Office Bearer or Committee member.

 

            No Personal Benefit in sale of Liquor

 

5.5       No Office Bearer or Committee member and no manager or member of staff employed in the Club shall have any personal interest in the sale of excisable liquors or other goods by the Club or the profits arising from such sales.

 

            Levies

 

5.6       At any General Meeting the Committee may propose such levy or additional levy as they think necessary or expedient for the financial well-being of the Club.

 

            Private Meetings

 

5.7       The Committee shall hold their meetings in private.  The Committee may, in its absolute discretion, admit members, advisers or employees of the Club or members of the public to observe and assist in the discussion of specific items of business.  All non Committee members shall leave the meeting when so requested by the Committee.

 

            Golfing Section Committees

 

5.8       The Committee shall have the power to authorise the lady and gentlemen members of the Club to elect committees for the purpose of administering the Golf Union Rules and organising other matters solely affecting each of the aforementioned golf sections such committees to be properly constituted and subject to the authority of the Committee and such rules as may be determined by the Committee from time to time.

 

            Voting at Committee Meetings etc

 

5.9       At any meeting of the Committee or otherwise in relation to any decision to be taken by the Committee, each Committee member will be entitled to 1 vote on each issue.  The Chairperson shall be entitled to a vote and where there is an equality of votes the Chairperson shall have a second and casting vote.   Each issue will be decided by a majority vote of those present (whether in person or via telephone, electronic or similar means) and voting.

 

            Bye-Laws

 

5.10    The Committee shall have the power to make and amend bye-laws which shall apply to all members, guests and visitors.  A copy of such bye-laws as made or amended will be posted on the notice board of the Club and thereafter all such bye-laws will be binding on all members, guests and visitors until set aside by the Committee or by a General Meeting of the Club.

 

            Expulsion/Suspension of Members

 

5.11    The Committee may suspend expel or impose any other penalty, restriction or other punishment upon any member whose conduct, behaviour or other actions or omissions either on or off the Club's premises shall be in breach of any rule, bye-law or other regulation or requirement validly made by or on behalf of the Club or shall otherwise be harmful or injurious to the character, interests or reputation of the Club, its members, guests, visitors, staff or representatives or generally harmful to the harmonious operation of the Club.  Any member expelled or suspended under this Rule 5.11 shall not be entitled to any refund of entrance fee or annual subscription.  Any member whose membership of the Club has been suspended as aforesaid shall not be entitled to play on the course, compete for any Club prize or medal or vote at any meetings.  No member shall be suspended or expelled in terms of this Rule 5.11 unless agreed by no less than three/fourths of the Committee members present at the meeting considering the conduct of such member.

 

            Any member shall have the right to appeal in writing to the Secretary/Treasurer stating the grounds of appeal within 14 days of receipt by the Secretary/Treasurer of written intimation of the Committee's decision.  Any such appeal will be dealt with by a sub-committee of 3 persons appointed by the Captain whom failing the Vice-Captain (whether or not such persons are Committee members) providing always that they have not previously been involved in the disciplinary procedure.  The Committee will be appraised of the decision of the sub-committee and will thereafter decide whether to uphold or dismiss the appeal or to modify any penalty previously imposed. 

 

            Suspension of Committee Members

 

5.12    Any Committee member may be suspended from taking part in any meetings of the Committee if the Committee considers it has reasonable cause to do so.  For the purpose of this Rule 5.12 reasonable cause shall include failing to attend 3 consecutive meetings of the Committee or bringing the Club into disrepute.  The Committee shall have the power to suspend such Committee member only after taking into consideration all circumstances applicable to the particular case before them.  No less than a three-fourth majority of the Committee members present will be required to suspend such Committee member.  In any vote the Committee member whom it is proposed to suspend may not take part.  Under this Rule 5.12 three-fourths of the Committee shall be required to form a quorum.

 

 

GENERAL MEETINGS

 

6. 

            Annual General Meeting

 

6.1       The Annual General Meeting shall be held within 4 months of the end of the Club's financial year (being 30th November or such other date as the Committee may determine from time to time), at a date and time to be fixed by the Committee for the following purposes:-

 

6.1.1   to submit a report to the members outlining the financial and general affairs of the Club, including an estimate of the receipts and expenditure for the current financial year, and the proposed entrance fees and annual subscriptions, which proposed entrance fees and annual subscriptions will be subject to approval by the Voting Members at Annual General Meeting;

 

6.1.2   to elect Office Bearers and an Auditor for the following year.  A vacancy occurring in the office of Auditor during the year shall be filled by Committee appointment; and

 

6.1.3   to decide on any motion or resolution duly submitted in accordance with Rule 6.2.

 

            Motions and Resolutions

 

6.2       Any motions or resolutions put forward for consideration at the Annual General Meeting shall be made in writing and signed by 5 Voting Members of the Club.  Such motion or resolution shall be in the hands of the Secretary/Treasurer not less than 35 days before the date of the Annual General Meeting.

 

               Notices

 

6.3       At least 14 days before the Annual General Meeting the notice of such meeting and business to be conducted shall be posted in the clubhouse, and a printed circular shall be sent to every Voting Member of the Club by post, email or such equivalent means as the Committee may determine.  No business other than that of which notice has been given shall be brought forward at such meeting except in the case of proposed amendments to any motion or resolution of which notice has been given, which amendments will be considered at the meeting provided that written notice thereof signed by 5 Voting Members of the Club is in the hands of the Secretary/Treasurer not less than 7 days before the date of the meeting.  Any such notice of proposed amendments will be posted in the clubhouse as soon as practicable after receipt thereof.

 

            Extraordinary General Meetings

 

6.4       Extraordinary General Meetings may be called by the Committee or at the written request to them of no less than 25 Voting Members which written request will include notice of the motion, resolution or other business which it is proposed to bring forward at such meeting.  Notice of such meeting shall be placed on the notice board of the Club, giving the date of the meeting and specifying the motions or resolutions to be proposed.  Such meeting will be called as soon as practicable, but not earlier than 14 days after the posting of such notice.  Notice of any proposed amendment to any motion or resolution of which notice has been given will be considered at the meeting only if written notice thereof,  signed by 5 Voting Members of the Club, is in the hands of the Secretary/Treasurer not less than 7 days before the date of the meeting.  Any such notice of proposed amendment will be posted in the clubhouse as soon as practicable after receipt thereof.

 

            No Alteration of Rules

 

6.5       No rule of the Club shall be altered, or new rule introduced, but at General Meetings.  Such proposals must be submitted in accordance with Rules 6.2 or 6.4.

 

            Quorum

 

6.6       The quorum at all General Meetings for all business shall be 50 Voting Members provided always that should the number of Voting Members (being members of the Club) fall below 50, a quorum shall be constituted by 75% of all the Voting Members (being members of the Club).

 

 

 

 

 

 

            Suspension of a Rule

 

6.7       A rule may be suspended without notice at General Meeting, provided there is a majority of no less than two-thirds of the Voting Members present in favour of such suspension.  For the avoidance of doubt this Rule 6.7 shall not apply to the Quorum (Rule 6.6).

 

            Chairperson

 

6.8       At all General Meetings of the Club, the Captain shall take the chair.  In the absence of the Captain the Vice Captain, Secretary/Treasurer or Greens Convenor in descending order of preference shall take the chair.  Every Voting Member shall be entitled to 1 vote.  Each issue will be decided by a majority vote of those Voting Members present and voting.  The Chairperson shall not be entitled to vote except where there is an equality of votes when the chairperson shall have the casting vote.

 

 

PROPERTY

 

7.  

            Club Property to vest in the Trustees

 

7.1       Any heritable property belonging to the Club shall be vested in the Office Bearers and their respective successors in Office as Trustees for the Club.

 

            Ownership and responsibility for the liabilities of the Club

 

7.2       The properties, effects and monies of the Club shall belong to the Full Members (excluding Honorary Members) and 5 Day Members equally and the Full Members (excluding the Honorary Members) and 5 Day Members shall be liable equally for the liabilities of the Club.

 

            General Provisions

 

7.3       The right and interest of the members referred to at Rule 7.2 to such properties, effects and monies shall be personal and limited to such members and shall not be assignable or arrestable nor payable to heirs or executors.

 

7.4       All profits or surpluses generated by the Club's activities shall be devoted to the maintenance or improvement of the Club's facilities.  

 

7.5       If, upon the winding up or dissolution of the Club there remains after the satisfaction of all the Club's debts and liabilities any property whatsoever, the same shall be given or transferred to some other organisation or organisations having objects (that is, aims and activities) similar to the objects of the Club, such organisation or organisations to be determined by Resolution passed at a General Meeting at or before the time of the dissolution, and in so far as effect cannot be given to such provision then to some charitable objects.