RULES/BYELAWS
ABOUT THE CLUB
Friendly societies Act Register no 1106w
Rules of the Weston super mare social club
Registered under the Friendly Societies Act 1974
1. Name, office and objects of the society The society is a working Mens club and shall be called the WESTON SUPER MARE SOCIAL CLUB (hereinafter called “the club”). Its registered office shall be Devonshire road, Weston super Mare. Somerset. BS23 4LG or such place as a special general meeting may determine. Notice of any change in the situation of the registered office shall be sent by the secretary to the financial services authority or its statutory successor within 14 days in the form provided by the Act. The objects of the club are to afford to its member the means of social intercourse, mutual helpfulness, mental and moral improvement and rational recreation. “The Act” herein after refers to means the friendly Societies 1974(as amended by the Friendly Societies Act 1992) and any Acts or subordinate legislation, ( including the Deregualtion ( industrial and provident Societies Order 1996)amending or substituted for it and for the time being in force and unless the context requires expressions used in these rules which are in the Act shall have the same meaning as they have for the purposes of the Act.
2. Admission of members Any two members of not less than 6 month standing may propose and second a candidate for membership, provided that they are able from personal knowledge to vouch for their respectability and fitness to be a member and both shall sign a nomination form to this effect. The candidate shall sign such declaration of their concurrence with, and adherence to the purposes of the club as shall be required by the managing committee. An entrance fee of *£3.50 must be paid by the candidate on nomination, to be returned in the event of them not being elected. The election shall be by the managing committee and the candidate and his proposer and/or seconder shall be required to appear in person before the managing committee. No candidate shall be elected who is under 18 years of age or an employee of the club. The name and address of the candidate, with the names of his proposer and seconder, shall be prominently displayed in the principal club premises in a part frequented by the members, for at least seven days before the day on which their name is submitted for election. Every member on election shall be supplied with a copy of the rules, at such reasonable fee as the managing committee may determine from time to time.
3. Subscriptions Every member shall pay to the funds of the club a subscription which shall become due as soon as their elected to membership and may not be paid until they are so elected. The subscription must be paid before the member is entitled to any of the privileges of the club. The rate of subscription shall be such sum as may from time to time be determined by the members in general meeting being not less than £1 and not exceeding £25 per year payable on the first day of January in each year. Any member who has not paid his subscription by 1st February shall be considered in arrear, and if it be not paid by 1st March they will cease to be a member. No member in arrear shall be permitted to use the club, or be considered a member for the purpose of these rules. The managing committee, on receiving information that any member is unable to pay their subscription owing to want of work or other good cause, may , at its discretion, in writing excuse payment of such member’s subscription for such period as they think fit and the member shall not forfeit the privileges of membership.
4. Notifying Change of Address The managing committee shall keep upon the club premises a register of the names and addresses of the members. Every member shall, within 14 days, give notice to the secretary of any change in their address. Correspondence sent to a member’s last known address as entered in the register of members shall be deemed to have been received. The names of those who cease to be members shall be removed from the register.
5. Cessation of Membership Members shall cease to be members: a) by non-payment of subscription. Any person whose membership has ceased from the cause shall not be elected to membership unless they pay such fee or fine as the managing committee may in its discretion determine. B) by expulsion, c) by resignation by notice of not less than three months given to the secretary in writing unless the managing committee waives the requirement for the same. D) by death e) by becoming an employee of the club (with the exception of the secretary of the club).
6. Membership of the Union The trustees may hold a fully paid share in the working Men’s Club and Institute Union Limited (hereinafter referred to as “the Union”) in order that each member of the club may be entitled to all the privileges of the Union, subject to its rules. If the Trustees hold such a fully paid share a person on becoming a member of the club shall be supplied with associate and Pass card at the prevailing rates charged by the Union for any period for which he has paid his subscription or been granted life membership of the club.
7. Admission of Associates So long only as the trustees shall hold a share in the union all Associates of the Union shall subject to the following provisions of this rule be admitted to the club premises and alcohol may be supplied to them by or on behalf of the club for consumption on the premises. An associate before being admitted to the club must produce their subscription card (showing that this current subscription to their club has been paid), the Associate Card of the Union and the current pass card issued by the Union, and must write their name and that of their club in the Union Associate Book to be kept for that purpose. The doorkeeper or other appointed official shall compare the signature in the book with that on the Associate Card, and on being satisfied that the signatures correspond shall admit the Associate. Associates shall have the same rights and privileges and be subject to the same rules and by-laws as members, except that they may not either themselves attend or vote, or appoint a proxy to attend or vote , at any meeting of the club, receive a share of assets on dissolution or take away alcohol for consumption off the premises. The managing committee may refuse admission to Associates or limit their admission to such times and part of the premises as they think fit in the interests of the club. Notice of such limitations shall be sent to the General Secretary of the union. The managing committee may also refuse admission to Associates who are former members by virtue of rule 5 (a) and (b).
8. General Meetings
ordinary meetings (1) There will be two ordinary general meetings each year. One to be held not later than the 31st March and the other to be held not later than the 30th of September on dates to be fixed by the managing committee. The meeting held by the 31st March shall be the Annual General Meeting. At least ten day’s notice of every ordinary general meeting, with a copy of the agenda shall be posted in the club. The business of the annual general meeting shall be to receive the accounts and balance sheet as audited, if required, and the report of the auditor on the revenue account or accounts and balance sheet if required and at each ordinary general meeting to consider such other business as may be submitted by the managing committee or any motion to be proposed by a member of which seven day’s notice has been given to the secretary in writing. On receipt of such notice the secretary shall add it to the agenda posted in the club. At the annual Meeting a report for the year shall be presented by the managing committee. The auditor shall be entitled to attend any general meeting of the club and to receive all notices of and other communications relating to any general meeting which any member of the club is entitled to receive and to be heard at any meeting which they attend on any part of the business of the meeting which concerns them as auditor.
Special Meetings (2)A Special meeting shall be called by the secretary in the following cases: (a) Upon the direction of the managing committee and in accordance with such direction. (b) On a requisition signed by one-quarter of the total number of members entitled to attend and vote at a generally meeting or 50 such members, whichever is the less, stating the special object thereof. Such meeting shall be held within not less than 14 and not more than 21 days from the date of the receipt by the secretary of the requisition.
Notice to be given (3) Notice of any special meeting, and of the object for which it is called, shall be posted by the secretary in the club at least 10 days prior to the date of the meeting. Should the secretary not convene a special meeting in the manner required hereby within 10 clear days after a duly signed requisition has been delivered, any of the requisitioners may call such a meeting, giving such notice as is provided by this rule.
Business (4) No Business other than that named in the notice shall be brought before a special meeting.
Quorum (5) A general meeting may proceed to business if the number of members present is at least one more than the total number of members of the managing committee as provided by Rule 10 within an hour after the time fixed for the meeting, otherwise the meeting, if convened on the requisition of the members, shall be dissolved, but if convened by order of the managing committee, it shall stand adjourned to the week following, at the same time and the meeting so adjourned may proceed to business whatever be the number of members present. no meeting shall become incompetent to transact business from the want of a quorum arising after the chair has been taken.
Adjournment (6) Any General Meeting duly constituted, may adjourn to such time as the members present direct , and may continue any such adjournment from time to time. No business shall be brought on at any adjourned meeting which could not have been transacted at the original meeting.
Voting (7) Each member present shall be entitled to one vote on each motion.
9. Officers
(1) the club shall have the following officers: Three trustees, a president, a vice-president, treasurer, secretary, sports secretary and a minimum of 6 and up to 12 committee members. The posts of secretary and treasurer may be combined provided that the managing committee,in consultation with the auditor, institutes any additional procedures that may be necessary to maintain a satisfactory system of control in accordance with section 29 of the Friendly Societies Act 1974. The trustees shall be appointed at a general meeting by a resolution of a majority of the members present and entitled to vote thereat and shall remain in office during the pleasure of the club. The president, vice -president, sports secretary and committeemen shall be elected each year by ballot at the elections held following the Annual general meeting and remain in office until their successors are appointed. Retiring members shall be eligible for re-election at the annual general meeting at which they retire. The treasure and /or secretary shall be elected by ballot and shall remain in office during the pleasure of the club, A trustee shall not be secretary, treasurer or assistant secretary of the club.
(2) Any Officer shall be removable at any time provided two-thirds of the members present at a special meeting called for that purpose shall vote in favour of such removal.
(3) Any officer as included within Rule 9 (1)(except a trustee) not attending for three consecutive managing committee meetings shall, unless they send an explanation which the managing committee considers satisfactory, cease to be a member of the managing committee an/or be removed from office.
(4) In the event of a vacancy arising amongst the officers (other that the trustees and the secretary) by death resignation or removal as provided above, the vacancy shall be filled, the managing committee having power to appoint a member to fill the vacancy. Any member so appointed shall hold office for the unexpired period for which his predecessor was elected. The office of secretary shall be filled by ballot. The scrutineers last appointed shall obtain nominations and arrange for holding a ballot under the supervision of the president. Seven days shall be allowed for nominations and the ballot shall be held on three successive days within the following seven days, The result shall be declared by the scrutineers by notice posted in the club. If the secretary is the holder of the Club Premises Certificate, then any change in the office of secretary must be notified by the president or secretary with in 28 days to the Licensing Authority.
(5) In the event of the removal or the resignation of the whole or the majority of the management committee, the secretary shall arrange for a ballot to be held as provided in Rule 9(4). Any officer shall vacate their office if suspended or expelled from membership under Rule 24, of upon ceasing membership from any cause. A vacancy occurring on the suspension or expulsion of any officer (except trustees and secretary) shall be filled by the managing committee after the hearing of any arbitration appeal made in accordance with Rule 25.
(6) in case any trustee being remove shall refuse or neglect to assign or transfer any property of the club as the managing committee shall direct, they shall ( if they be a member) be expelled from the club, and shall cease to have any claim on the club on account of any contributions paid by them, without prejudice to any liability to prosecution which they may have incurred.
(7) Notice of any resolution appointing a trustee shall be sent by the secretary to the Financial Services authority with 14 days, in the appropriate form.
(8) The trustees, President, vice-president, and sports secretary of the club shall receive such honorarium, if any, or in the case of the treasurer and/or secretary such salary, as the managing committee or a general meeting may from time to time determine. Every officer dealing with club moneys shall be insured with a recognised guarantee society for the due performance of their duties in such sum as the managing committee or a general meeting may determine.
10 Managing Committee
The managing committee shall consist of the president, vice-president, the three trustees and a minimum of 6 and up to 12 committee members, all of whom shall be above the age of 18. It shall have full powers of management to conduct the business of the club, and to exercise on behalf of the club all the powers of the club not specifically required by these rules or otherwise to exercised at a general meeting. The managing committee shall control the management of the club and shall have exclusive power to engage or dismiss a steward and other servants. It shall have power to purchase such articles ad do all such things as it may deem necessary for the carrying out of the objects of the club. It shall have due regard to any resolution or recommendation of any general meeting but in respect of matters not specifically required by these rules or otherwise to be decided at a general meeting shall not be bound to give effect at o the same if in its judgement such action would be injurious to the best interests of the club. Nothing in these rules shall enable the managing committee to declare any dividend of make any monetary grants to the members, or to apply the club funds, except for the purposes of the club itself, and for the purposes specified in Rule 19. the managing committee shall meet not less than once a month or as may be agreed from time to time, by the managing committee shall form a quorum. No resolution of the managing committee shall be rescinded unless notice to rescind has been given at the previous meeting of the managing committee.
11 Finance Committee
The managing committee shall, at the first meeting following each election, select a sub-committee, to be called the finance committee which shall meet weekly. It shall consist of three of the committee members and any other officers who may be appointed by the managing committee. It shall be the duty of the Finance committee to take a record of the stock of goods at least every 28 days either by themselves of by an agent duly appointed by the managing committee for that purpose, check all demands for payment within the order book, and with the delivery notes and invoices, and to report to the whole managing committee whether such stock vouches the correctness of the returns made by the steward and whether the demands are in order and correct. It shall see that vouchers are produced by the secretary for all payments made by them or by order of the managing committee, and it shall report at each managing committee meeting whether the secretary's cash book has been duly made up, and that the amount there shown as standing to the credit of the club appears also in the treasurer's book or books and in the bank statement relating to the clubs current drawing account. These records, duly mad up to date, shall be laid upon the table at each managing committee meeting. The proceedings of the Finance Committee shall be recorded by the secretary in a minute book kept for that purpose. All Cheques drawn upon the clubs account shall be signed by at least one member of the finance committee and the secretary.
The finance Committee shall have the power to give orders for such goods to be supplied an work to be done as may be necessary for carrying out the objects of the club, but nothing in this rule shall empower the managing committee to incur expenditure, except such as is consistent with the objects for which the club is established.
12 Orders
(1) no officer of the club shall by virtue of his appointment have power to order goods or dispose of the funds of the club.
(2) No goods or labour shall be supplied, nor any contract entered into for work to be done for the club by a member, nor any salary, honoraria, profit or remuneration paid to any officer, unless specifically authorised by these rules or a general meeting.
13 Liability of Trustees
All the property of the club shall be vested in the trustees representing and acting for the whole of the members of the club. No personal liability hall attach to any trustee, except tot he extent of such fund of the club as may be actually received by them. the trustees shall be the persons to sue and be sued on behalf of the club.
14. President
The President or in his absence the vice president, or in the absence of both such officers, an elected chairman shall take the chair at all general and managing committee meetings of the club.
15. Treasurer
The treasurer shall pay all moneys received by the club from any source whatever, without any deduction for any purpose whatever, to the credit of an account opened in the name of the club at such bank and in such manner as the managing committee may direct, and further, shall keep such accounts and pay such debts of the club as the managing committee shall direct and shall, when required to do so, render to the managing committee, or a general meeting, an account of any moneys received and expended by him.
16. Secretary General Duties
The secretary shall be the executive officer of the club. They will keep upon the club premises a register of the names and addresses of the club members and a subscription book, in which shall be recorded the payments of such members. They will carry out the directions of the managing committee, and subject to such directions,, shall receive moneys on account of the club, and pay them to the treasurer, and keep such accounts as the managing committee direct. They will attend General Meetings and Managing Committee and finance Committee or any other sub-committee meetings if so directed, take minutes of the proceedings, prepare accounts and balance sheets and submit them to the auditor. The secretary shall ensure that the Club Premises Certificate, or a certified copy thereof, is kept at the club premises in the custody, or under the control of the person nominated for the purpose of Section 94(2) of the licensing Act 2003, who may be the secretary, or a club member, or a club employee nominated by the secretary in writing.
The nominated person shall be identified in writing to the Licensing Authority by the secretary, and shall ensure that the summary of the certificate issued by the Licensing Authority, or a certified copy thereof, and a notice specifying the position they hold at the premises are prominently displayed at the club premises.
Sports Secretary
The sports secretary shall be responsible for the sporting activities within the club.
17. Annual Return to Financial Services Authority
(1) the secretary shall send to the Financial services Authority once in every year, within the time allowed by legislation, an annual return relating to the clubs affairs for the period required to be included in the return.The annual return must be made up for the period beginning with the first day of January of the year preceding the year in which the return is required to be sent, and ending with the 31st December inclusive. The return must be made in the form prescribed by the Financial Services Authority and contain such particulars as may from time to time be required by the return. A copy of the report of the auditor on the accounts and balance sheet contained in the return if required by statute must accompany the annual return.
(2) A copy of the last annual return or balance sheet containing the same particulars relating to the affairs of the club as are contained in the annual return, together with a copy of the report of the auditor on the accounts and balance sheet contained in the return or on that balance sheet so supplied as the case may be, if required by statute, shall be supplied gratuitously on demand to every member or person interested in the funds of the club.Copies to members
(3) A copy of the accounts and balance sheets covering the year ending on the previous 31st December, and the report of the auditor on the balance sheet and accounts, if required by statute, shall be posted in the registered office and shall be kept always hung up in a conspicuous palace at the said office.Balance Sheet
18. Audit
(1) An audit, where necessary in law or where the membership require, will be carried out by a registered auditor or two or more lay auditors where the conditions for appointing lay auditors apply. where there is no requirement to carry out an audit a registered auditor will be appointed to act as the reporting accountant.
(2) Save as provided in paragraph (3) of this rule ever appointment of an auditor shall be made by resolution of a general meeting of the club.
(3) The managing committee may appoint a registered auditor to fill any casual vacancy occurring between general meetings of the club.
(4) A registered auditor appointed to audit the accounts ans balance sheet of the club for the preceding year of account (whether by a general meeting or bt the managing committee)shall be re-appointed as the registered auditor of the club for the current year of account (whether or not any resolution expressly reappointing him has been passed) unless:
(a) a resolution as been passed at a general meeting of the club appointing somebody instead of him or providing expressly that he shall not be reappointed, or
(b) he has given to the club in writing of his unwillingness to be reappointed, or
(c) he is ineligible for appointment as registered auditor of the club for the current year of account, or
(d) he has ceased to act as registered auditor of the club by reason of incapacity.
Provided that a retiring registered auditor shall not be automatically reappointed by virtue of this rule if notice of an intended resolution to appoint another person in his place has been given in accordance with paragraph (5) of this rule and the resolution cannot be proceeded with because of the death, incapacity or ineligibility of that other person.
(5) A resolution at a general meeting of the club (i)appointing another person as registered auditor in place of a retiring registered auditor or (ii) providing expressly that a retiring auditor shall not be reappointed shall not be effective unless notice of the intention to move it has been given to the club not less than 28 days before the meeting at which it is moved. On receipt by the club of notice of the intention to move any such resolution the club shall give notice of the resolution to the members and to the retiring registered auditor in accordance with section 34 of the the Act, and shall give notice to the members in accordance with that section of any representations made or intended to be made by the retiring registered auditor.
(6) None of the following persons shall be appointed as registered auditor of the club: (a) an officer or servant of the club: (b) a person who is partner of, or in the employment of, or who employs and officer or servant of the club.
(7) The registered auditor shall in accordance with the Act make a report to the club on the accounts examined by him and on the revenue account or accounts and the balance sheet of the club for the year of account in respect of which he is appointed.
(8) the registered auditor shall have a right of access at all times to the books, deeds and accounts of the club and to all other documents relating to its affairs and shall be entitled to require from the officers of the club such information and explanations as he thinks necessary for the performance of the duties of the auditors.
19. Application and Investment of Funds.
(1) All moneys received on account of the club, from any source, shall not except as provided under Rule 30 be distributed amongst the members, but shall be applied towards carrying out the objects of the club, or shall be invested by the trustees in such ways, and upon such of the following investments as the managing committee, or a general meeting may decide.
(a) In the purchase of land or buildings as after mentioned (rule 20), or in the erection or alteration of a clubhouse or other buildings.
(b) On the securities of any society registered under the industrial and Provident Societies Act, or under the Building Societies Act, or of any company incorporated by Royal Charter or Act of Parliament, provided that such society or company has its liability limited.
(c) In any investment in which trustees are, for the time being, by law authorised to invest trust funds.
(2) Provided always that nothing shall authorise any investment of the funds in any manner contrary to law, i.e. in the advancing of money to members or others on notes of hand, or deposited with any member at interest.
(3) The club may subscribe out of its funds, as provided by Section 52 of the Act, to the Union Convalescent Homes, or to any other convalescent home, hospital, infirmary, charitable or provident institution , any annual or other sum which may be necessary to secure to members of the club or their families the benefits of such institution.
20. Acquisition of Land and Borrowing Powers.
(1) The trustees may, when authorised thereto by a general meeting or by the managing committee, hold, purchase, or take on lease and land or buildings and may sell, exchange, mortgage, lease or build upon the land, with power to alter and pull down buildings and again rebuild.
(2) the trustees may, when authorised thereto by the managing committee, obtain advances of money for the purposes of the club upon the security of bonds or agreements or promissory notes or certificates of indebtedness or mortgages or real property of the club or bills of sale on all or any of the goods and chattels of the club upon such terms as to interest and as to the time and manner of repayment of principal as the managing committee may determine.
21. Conduct of Elections -
(1) Nominations The election of officers (except Trustees) shall be by ballot. At least 3 weeks before the day fixed for any ballot a nomination sheet shall be posted in the club by the secretary,on which the names of all candidates for any office must be entered and such sheet will remain open until at least 10pm on the day following the closing of the general meeting. No member shall be eligible for nomination unless he has been a member for at least six calendar months prior to nominations closing, and has been proposed and seconded by two members who must themselves sign the sheet. Any member officer or committeeman who has been suspended from membership shall not be eligible for nomination as an officer or committeeman for a period of two years following the cessation of the period they were suspended. No member under suspension at the date of closing of candidate shall be nominated for more thanone position and if nominated shall be deemed to have resigned from his present position.
(2) Scrutineers the arrangements for ballot shall be carried out under the discretion of the secretary by three scrutineers appointed by the general meeting who shall not be candidates or officers. The scrutineers so appointed shall remain as scrutineers until their successors are appointed..
(3) Ballot. when Held. Ballots shall be held during the week following the annual general meeting or in the succeeding week. Ballots shall remain open during not less than two hours on the evenings of not less than three consecutive days to be fixed by the managing committee, and the result shall be made known by the posting of a notice in the club signed by the scrutineers, recording the number of votes polled by each candidate, and indicating which of the candidates are elected.
(4) Who May Vote Each Member shall have one vote for each vacancy but no member may give more than one vote to any one candidate.
(5) Tie The candidates receiving the highest number of votes shall be declared duly elected. In the event of two or more candidates receiving an equal number of votes for the last vacancy or vacancies, the names of such candidates shall be written on slips of paper, which shall be placed so that the names are concealed and the president , or in their absence, some person appointed by the scrutineers, shall then draw as many slips as there are vacancies to be filled, and the members whose names are so drawn shall be declared duly elected.
(6) Scrutiny The scrutineers shall, at the conclusion of the ballot, seal up the ballot papers and hand them to the secretary, who shall retain them for seven days. A scrutiny shall take place if a written demand be presented to the secretary within seven days from the close of the ballot, signed by not less than one fifth or 50 members, whichever is the least and the scrutiny shall be carried out be three fresh scrutineers, to be named by the branch executive for the club and Institute Union in the Branch area where the club is situated, and their decision shall be final.
22. Inspection of Books Any member or person having an interest in the club funds may at all reasonable times, inspect all books and accounts, at the registered office or at any place where they are kept, and it shall be the duty of the secretary to produce them for inspection.
23. Settlement of Disputes.
Disputes between a member and an officer of the club.
(1) All disputes between a member and an officer of the club shall, unless the managing committee elect to refer the matter directly to a special meeting, be settled by the managing committee. An officer who is on the managing committee should not vote or act as a managing committee member in any dispute concerning them personally. The decision of the managing committee shall be final, unless any party aggrieved thereby shall within seven days, produce to the secretary a requisition satisfying the conditions mentioned in Rule 8(2)(b) whereupon the decision shall be reviewed by a special meeting, and its decision shall be binding.
Disputes between a member and the Club.
(2) all disputes between a member or person aggrieved who has ceased to be a member, or any person claiming through such member or person aggrieved or under the rules and the club or the managing committee shall be referred to the Executive of the Union or the persons appointed by them, who shall be the arbitrator or arbitrators for the club and whose decision shall be final.
(3) In this rule the expression "dispute" includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any dispute other than a dispute on a question between them and the club or an officer thereof, which arose whilst they were a member or arises out of his previous relation as a member to the club.
Misconduct of members
(1) The secretary or president or in the absence of both such officers any officer present upon the club premises shall have power to order the withdrawal from the club premises of any member who shall infringe any rule or by-law or whose conduct whether within the club or elsewhere shall in his opinion render a member unfit for further entry to the club.
............. To be continued.