Lochend Golf Club Instituted 1891

Constitution and Rules as amended Jan 2019

 

1. Name 

  1. The name of the club will be LOCHEND GOLF CLUB, hereafter referred to as “the club”

2. Objectives

Lochend Golf Club is a non-profit making club and in accordance with this constitution will use any profits or surpluses from its activities to promote the game of golf and maintain or improve the facilities of the Club.

The Club has the following aims and objectives and will strive to fulfil these at all times:

 

  1. To generally promote the game of golf for the benefit of members and the local community;
  2. To promote and abide by the Rules of Golf as they are fixed from time to time by the R&A;
  • To provide access to golf for players of all standards in a friendly and welcoming atmosphere that does not discriminate on the grounds of gender, age, race, religion or belief, sexual orientation or disability;
  1. To arrange competitions and matches for members;
  2. Will subscribe and affiliate to appropriate golf bodies such as Scottish Golf and Lothian’s Area Golf Association

3. Membership

  1. Membership is open to all and no application for membership will be refused on other than reasonable grounds. There will be no discrimination on the grounds of diversity with equal opportunity to all who submit application. No person will be refused application in terms of age, gender, religion, belief, sexual orientation or
  2. Membership of the club will comprise of:-

Ordinary members, Honorary members, Life members, Associate members and Junior members.

  • Ordinary Members are those who have paid a full subscription .
  1. At the Annual General Meeting on the recommendation of the Committee and in recognition of services rendered to the Club to confer upon any person the distinction of Life or Honorary
    1. Life Members will have all the privileges of Ordinary Members; this will include the right to be a Committee
    2. Honorary Members will have all the privileges of Ordinary Members except the right to play in competitions for prizes and medals and voting in the financial or other affairs of the
    3. In addition, all Members attaining the age of 65 years of age and who have been Members of the Club for 25 consecutive

 

years will on application become entitled to Life Membership of the Club.

  1. Associate Membership will consist of non-golfing Members only and consist of 20% of the total golfing membership. They will have all the privileges of the Club House and are bound by all Rules and Bye-Laws, but have no voting rights in the financial and other affairs of the Club; they will not be eligible for Life or Honorary

Subscription for Associate Member will be set at 50% of the full membership fee.

No full Member or past Member may apply for Associate Membership until a period of 5 years has passed, however in exceptional circumstance the Committee may consider application on an individual basis.

  1. Junior membership is open to children and young people between the ages of 8 and 16 years of age before the 28th February of each year. A junior member is not allowed to take part in the management of the Club and will be subject to such restrictions use of the clubhouse facilities as may be determined by the
  1. All members will pay an annual subscription to join the Club; the membership fee for each category of membership will be decided by the
  2. The Club will provide notice of subscriptions due with annual payment of membership due on 1st March and no later than 31st March in each
  • All members joining the Club will be deemed to accept the terms of this Constitution and any [Standing Orders/Byelaws] from time to time adopted by the Club in
  • An ordinary Member failing to pay their annual subscription by the 1st April shall not receive any reminder from the secretary and after seven days of that date shall cease to be a Member of the Club and shall forfeit all right and interests as a
  1. No Ordinary Member in arrears shall be eligible to attend and take part in any business meeting or compete for prizes in any Club

 

4. Management of the Club

  1. The Club will be Committee led and responsible for the overall management of the
  2. The Committee will consist of Captain, Vice-Captain, Treasurer, Secretary and ten Ordinary Members. These will form the Council of whom four shall form a

Powers

  1. The Committee will have the power to do all things necessary or expedient for the accomplishment of all objects specified in its constitution, including the power to purchase, hold, sell, mortgage, rent, lease or sub-lease lands of any tenure and to erect, lease, sub-lease, pull down, repair, alter or otherwise deal with any building thereon.
  1. The Committee may borrow money, without limit as to amount, for the purpose of the club and may, in security of such borrowing, create in favour of the lender any such security over the Club’s assets stipulated for and further that the powers conferred on the Club by virtue of this resolution shall be exercisable by the Club
  • The Committee may recruit and appoint employees to further the business objectives of the
  1. The Committee may lease and/or purchase land and/or equipment suitable for the purposes and functions of the Club;
  2. The Club may sell and deal in alcoholic liquor and will be undertaken in compliance with Club operational plan and all relevant legislation such as the current licensing (Scotland) Acts;
  3. The Club may sell and deal in non-alcoholic Beveridge, foodstuffs and golfing equipment in accordance with the provisions the appropriate legislation and by obtaining the necessary statutory consents and licences;
  • In addition to these powers and conditions, the Committee will have the power to make bye-laws, rules and regulations both as regards Club competitions and the clubhouse and for any other purpose in connection with the general management of the Club and associated facilities. A copy of all such changes will be posted in a prominent place within the club house and or by other communication means as
  • The Committee will not make any rules and regulations which over-rule or are inconsistent with the Constitution of the Club. The decision of the Committee with regard to the meaning of any rule or regulation will be final and
  1. The Committee may in any matter delegate its duties either to sub- committees or any other person or persons. The remit for such delegation will be set by the
  2. At all meetings of the Club the Chairman will be the Captain, whom failing the Vice Captain whom failing another Member of the Committee who the Committee by majority will determine. The Chairman will have a casting as well as deliberative

Election of Office bearers and council

  1. Office-bearers and Committee will retire biennially but will be eligible for re- election by the general body of
  2. Any Member proposed for the Committee must have been a Member in good standing for two consecutive years before being allowed to stand for the Committee.

Responsibilities

  • Captain – The Captain will be Chairman of all meetings or in his absence rule

4.x will apply.

  1. Treasurer – The Treasurer has a monitoring role over all aspects of financial management, working closely with other members of the Management Committee to safeguard the organisation’s finances including:
  2. being custodian of all Club properties,
  3. they will receive and disburse all money due to and by the Club,
  4. collect entry money and subscriptions of the Members,
  5. keep correct accounts and books showing the financial affairs of the Club
  6. submit a monthly statement to the
  7. ensuring annual accounts are prepared and presented at the AGM The final responsibility for the club’s finances rests with the Club sitting Committee.

 

  1. Secretary – The Secretary will arrange meetings of the Club including Annual General, Special and Committee meetings. The Secretary will also keep a record of all the proceedings and take charge of papers, books and other records.
  2. The secretary will ensure all membership records and papers are kept securely adhering to the appropriate current Data Protection legislation and procedures
  • The Committee will meet once per month for ordinary business. They will have the control and management of the whole business and affairs of the Club.
  • The Captain having the power to convene Special Meetings when
  1. The Committee may co-opt members to fill vacancies
  2. No Committee Member or member will in a private capacity either directly or indirectly enter into any pecuniary contract with the Club or supply any goods or perform any services to or on behalf of the Club for remuneration, unless such contract or other transaction has been previously submitted to the Club and approved of at a Meeting. In submitting such a contract or other transaction to the Club the connection of any Committee Member or member will be fully
  3. The club will have 2 Trustees who will be proposed prior to each AGM and agreed by the membership. The voluntary positions will be held for a 10 year period in order to provide knowledge and continuity of club business. The Trustees have the right to raise Agenda items at the monthly committee meetings for discussion but will not be party to the decision making process on the ordinary committee
  • The position of Club President is an ambassadorial position occupied by an ex-officio member who possesses broad experience of both the Club as well as the governance role of the committee. Seen as a figurehead of the Club the life-long Honorary position is bestowed on the member through nomination at an AGM

5. Annual general meetings 

The Annual General Meeting of the Club will be held in March each year and will have as its main business:

  1. The presentation of the Council Report for the past
  2. The election of any office-bearers and/or Ordinary Committee members
  • Approval of the minutes of the last AGM and any other Special General Meetings held during that year
  1. The Treasurer will be responsible for presenting for approval the prepared profit/loss accounts for the previous financial year
  2. Appoint any Accountants/Auditors
  3. The Financial Year will be from 1st January to 31st
  • Consider and approve any changes to the Constitution
  • Deal with any other relevant
  1. Five days notice must be given to the Secretary of any resolution (which must be in writing) to be proposed at a
  2. An agenda giving notice of the AGM must be circulated along with a copy of the prepared accounts to all Club members at least 7 calendar days in advance.
  3. The quorum for any AGM will be 25 Club
  • Voting on any matters shall be by simple majority of Club members present and voting.

6. General meetings

  1. The Committee will have the power to call Special meetings of the Club
  2. The Committee is bound to call such meetings on a requisition signed by at least fifteen
  • At least fifteen days notice of all Meetings stating the business to be discussed will be given to all Members. It will be regarded as sufficient if notice of any such Meeting be posted within the Club
  1. The quorum for any Special Meeting will be 25 Club
  2. Voting on any matters shall be by simple majority of Club members present and voting.

7.  Conduct of members

  1. Members of the Club will be bound by the terms of the Constitution and all rules and regulations of the
  2. A member by paying the appropriate subscription is entitled to the advantages and the privileges of the Club and agrees to conduct themselves in accordance with any conduct rules, equity policy and disciplinary procedures.
  • On payment of subscription, a copy of the Rules will be delivered to any Member of the Club or transmitted to his
  1. No Member will be absolved from the effect of these Rules on any allegation of not having received
  2. In the event of any Member violating any part of the Constitution or the rules and regulations of the Club, or conducting himself or herself in such manner as is, in the opinion of the Committee objectionable or likely to injure or discredit the character of the Club, the Committee will have the power, after asking the member for an explanation, to suspend such member from any or all rights and privileges of the Club for a stated period of
  3. Any member so suspended will be advised by the Committee in writing of the suspension and that the member has the right of appeal to the

 

Any such appeal will only be valid if made in writing within seven days of the date of intimation of the suspension.

  • Within seven days of receipt of any appeal, the Secretary will call a meeting of the Committee and written notice of this meeting will be given to the appellant who will be entitled to appear before the Committee at the said meeting and make such representations as the appellant deems
  • The Committee will then consider the relevant facts, outwith the presence of the appellant, and arrive at their
  1. While under suspension the person concerned will continue to be a member of the Club, will be subject to the discipline of the Club and will be responsible for the payment of his or her subscription. At the end of the stated period of suspension, provided that his or her behaviour has been satisfactory to the Committee the member will resume all rights and privileges of the Club without further
  2. In the event of a violation of any part of the Constitution or the rules and regulations of the Club deemed to be of a serious nature or of very serious misconduct, the Committee, after asking the member for an explanation and after giving the Member the opportunity to present his or her case will have the power to expel the member from the
  3. Any member expelled will be advised by the Committee in writing of its decision to expel him or her and that he or she has the opportunity to resign from the Club voluntarily or to accept expulsion or to appeal against the Committee’s decision.
  • Any such appeal will require to be submitted in writing to the Secretary stating the grounds of appeal within fourteen days of receipt of written intimation of the Committee’s decision.
  • Any such appeal will be dealt with by a Sub-Committee of three persons appointed by the Captain whom failing the Vice Captain (whether or not such persons are members of the Committee) providing that they have not previously been involved in the disciplinary
  • 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
  1. For the avoidance of doubt, during the period of expulsion up to any subsequent appeal being held the Member concerned will not be entitled to any rights or privileges of the

8. Guests

  1. A Member may personally introduce guests to the facilities of the Clubhouse and upon the admission of such guests to the Clubhouse the member will enter his or her own name and the name and address of the guest in a book which is kept for this purpose and shows the date of each
  2. Guests will not be supplied with alcoholic liquor on the Club premises unless on the invitation and in the company of a member and providing such guests have been satisfactorily introduced to the Club in accordance with the Constitution.

 

  • The maximum number of guests that can be signed into the club on the same occasion is 10.
  1. The member introducing a guest(s) will be responsible for his or her guest strictly observing the Constitution and the Club rules and regulations and will not leave the Club premises before his or her
  2. No person whose membership of the Club has been suspended or terminated or which has lapsed or whose application for membership has at any time been rejected will be introduced as a guest. The Committee may refuse admission to any guests

9. Dissolution or Winding Up of the Club

If upon winding up or dissolution of the Club there remains after the satisfaction of all debts and liabilities any property whatsoever will be transferred either to any association to which the Club is affiliated or, to some other organisation or organisations having objects similar to Lochend Golf Club.

  1. This organisation will be determined by the members of the Club by resolution passed at a General Meeting to wind up or dissolve the

10. Alteration of the constitution

This constitution may only be amended at the Annual General Meeting or a General Meeting called for that purpose.

A notice of any proposed amendment will be posted in the Club for at least 10 days previous to the Meeting to which the amendment is to be submitted and any amendment will require a simple majority of the Members present.

  1. Value Added Tax (VAT) Regulations

 

In accordance with VAT regulation (Sport, Sports Competitions & Physical Education) Order 1999. It is hereby stated that Lochend Golf Club is a non-profit making club and in accordance with this constitution does not allow the distribution of any it’s profits or surpluses to any other body other than to another non-profit making body; or it’s members on the winding up or dissolution of the Club; it will actually use all profits or surpluses from it’s activities to maintain or improve the related facilities of the Club.