Ashton-in-Makerfield Golf Club Limited - Constitution and Rules

(As adopted on 26th March 2018)

The Objects and Rules of Ashton-in-Makerfield Golf Club Limited are contained in the Memorandum and Articles of Association and in the following Bye-laws which have been made by the Board pursuant to Article 28 of the Articles of Association.

1. Persons eligible for Membership of the Club

These are Candidates who have been Proposed and Seconded in accordance with Article 5.

2. Conditions on which persons shall be admitted to Membership of the Club 

It is the duty of a Proposer and Seconder to ensure that a candidate is a responsible person of good character and suitable for membership of a Golf Club. The Proposer and Seconder remain responsible for a period of twelve months for the conduct of the candidate subsequent to his/her admission as a Member of the Club.

The election of Members of the Club shall be vetted in the Board. No person shall be admitted to membership until his/her name and address have been prominently displayed in the Club premises for at least 14 days.

3. Honorary Life Membership

On the recommendation of the Board a Member of the Club may be elected a Life Member at any General Meeting, by a majority in number of Members present and voting, in recognition of exceptional services rendered by him/her to the Club or to Golf and shall thereafter be entitled to all the privileges of membership without paying the annual subscription or any special payment for such life membership.

4. Visitors

Subject to the following regulations, any person may play golf the golf course as a visitor on entering his/her name in the visitors book kept for that purpose in the Professional Shop and on payment of a green fee being made in advance in accordance with the rates for visitors set by the Club. Such visitors shall be entitled to admission to the Club House and to purchase intoxicants for consumption on the premises. Non golfing visitors may be introduced to the Club by a Member of the Club (who must have attained the age of 18 years) and shall be entitled to admission to the Club House and to purchase intoxicants for consumption on the premises with no limit to the number of admissions.

a. Visitors are not allowed to play the golf course at weekends or Bank Holidays unless playing with a Member of the Club, or with prior approval of the Secretary/Manager. Those visitors are not allowed on the golf course before 10.00am.

b. Visitors who are not members of a recognised Golf Club or do not hold a current handicap certificate or a Golf Union Membership card may be introduced by a Member of the Club (who must have attained the age of 18 years) and may play the golf course on payment of the relevant green fee.

c. A Member of the Club may introduce up to three guests at any time for the purpose of reduced green fees and must be playing with the guests. Members of the Club playing with a society are not permitted to sign in members of such a society for the purpose of reduced green fees.

d. Guests and visitors must display the green fee receipt on their golf bags when playing the golf course.

e. Members of the Club playing with a guest at weekends or Bank Holidays are not allowed on the golf course before 10.00am.

f. No guests or visitors are allowed on the golf course when competitions are in progress, unless with the prior approval of the Secretary/Manager.

5. Subscriptions and Entrance Fees

The current Full Subscription (including a discounted full subscription) and Entrance Fees payable by Members and the reduced subscription payable by Associate Members shall be as fixed at an Extraordinary General Meeting convened for that purpose.

The categories for full subscription, discounted full subscription and reduced full subscriptions shall be as follows:

MEMBERS

Full Gentleman Member - Full subscription

Senior Gentleman 75 – 80  (with 40 years service) - £100 discount on full subscriptions

Senior Gentleman over 80 (with 40 years service) - £200 discount on full subscriptions

Elder (Over 85 years old with no service requirement) - £50 subscription

Lady Member Categories - Discounted at 80% of the appropriate subscription

Lady Elder  (Same qualification as Male) - £50 subscription

ASSOCIATE MEMBERS

Provisional member - reduced to 80% of the full subscription

Colt (22 – 27 years old) - as set by the Board

Intermediate member - as set by the Board

Junior member under 18years of age - as set by the Board

Junior member under 14 years of age - as set by the Board

House member - as set by the Board

Partner member - as set by the Board

Members settling their Subscription by instalments, must have their mandate set up by the end of March or shall be deemed to be in arrears. House, Suspended and some Junior subscriptions shall be due on the 1st October and for those categories who pay in two parts, the first payment is due by 1st October and the second on the 1st March. A Member of the Club whose part subscription is not received by the 1st October or the 1st March (as the case may be) or has not completed a mandate to pay by monthly instalments by the end of March, shall be deemed in arrears and shall not be eligible to enter for any trophy, medal or prize. In the event of the part subscription not being paid by 1st November or 1st April (as the case may be), or a mandate being cancelled, his/her name may be erased from the list of Members or Associate Members and his/her membership shall thereby cease without prejudice to the right of the Club to recover any arrears by action or otherwise.

Any Member of the Club whose membership ceases as a result of non-payment of subscriptions by the due date may not use the facilities of the Club House, play the golf course or use the practice facilities but may visit the Professional’s shop.

All Subscriptions and Entrance Fees shall be paid to the Secretary or Treasurer by Bank Transfer, Bank Mandate, Cash, Cheque or Bank Card.

Any Member of the Club who resigns his/her membership and subsequently desires to rejoin may be re-elected or re-admitted upon such terms, as the Board shall think fit.

6. Conduct of Members of the Club and Disciplinary Procedures

The Board is charged with ensuring that all rules, regulations and etiquette concerning the Club are observed by Members of the Club

If the conduct of any Member of the Club shall, in the opinion of the Board be injurious to the character or interest of the Club, or if any Member of the Club shall refuse to submit to the rules and regulations made for the government of the Club contained in the Club’s Articles of Association and Bye-laws and in the Rules of Golf made by the Royal and Ancient Golf Club of St Andrews, the following disciplinary procedure will apply.

If the conduct of a playing Member of the Club is under enquiry the Club shall duly exercise the disciplinary powers delegated to them under the England Golf Constitution and the Board will appoint a Disciplinary Committee and, if necessary, an Appeal Committee, as laid down in the England Golf Disciplinary Procedure except that, if the decision of the Disciplinary Committee or, in the event of an appeal, the Appeal Committee, is to expel or suspend a Member of the Club the following rules as laid out in 6(a) and 6(b) below will apply.

If a Member of the Club whose conduct is in question is a non-playing Member of the Club, the Club can use the above England Golf Disciplinary Procedure as it relates to a playing member and for the purposes of the Club’s Disciplinary Procedure the definition of “Inquiree” in the England Golf Disciplinary Procedure will be deemed to include non-playing Members of the Club.

In any case in which a Member of the Club is alleged to have committed serious misconduct the Chairperson of the Board may suspend the membership of such a Member of the Club pending completion of the Disciplinary Procedure.

a) Expulsion of a Member of the Club

To expel a Member of the Club for conduct which in the opinion of the Disciplinary or Appeal Committee is injurious to the Club or for failure to submit to the Rules and Regulations referred to above, it shall be necessary that notice be sent to the Secretary, signed by all the members of the Disciplinary or Appeal Committee, acquainting him/her with the circumstances which gave rise to such notice. The Secretary shall then communicate with such Member informing him/her of the decision.

Any Member of the Club expelled shall have the right to appeal to an Extraordinary General Meeting on giving notice to the Board within 14 days of his/her expulsion and depositing a sum to cover the expenses, estimated by the Secretary, of calling the meeting which will be subject to adjustment when the actual costs are known. The Members present at the Extraordinary General Meeting may resolve that the expenses will be borne by the Company, in which case the deposit will be refunded.

An Extraordinary General Meeting shall be called within 30 days of the notice being received by the Company when a majority of two thirds of the Members present and voting shall be required to rescind the expulsion.

Any Member of the Club expelled from the Club may not use the facilities of the Club House, play the Club’s Course or use the practice facilities.

b) Suspension of Membership

The Disciplinary Committee shall have the power to suspend a member of the Club for a period not exceeding six months.

The Member of the Club shall have the right to appeal to the Appeal Committee on giving notice within 14 days of his/her suspension. The decision of the Appeal Committee shall be final and there shall be no right of Appeal by the Member of the Club against it.

A Member of the Club whose membership is suspended may not use the facilities of the Club House, play the Course or use the practice facilities but may visit the Professional’s Shop.

7. Rights and Privileges of Members of the Club

On the election to Membership of the Club the Secretary shall inform him/her thereof in writing and they shall not be entitled to participate in the facilities of the Club until an appropriate entrance fee and subscription has been paid or a direct debit mandate completed and lodged with the Secretary. Any person elected to Membership of the Club part way through the year shall pay a pro-rata amount of the annual subscription as the Board may decide. On acceptance of Membership they shall be supplied with a Member’s Diary, Proximity Card and Bag Tag.

8. Qualifications, Restrictions and Conditions which attach to Members of the Club

Membership of the Club shall consist of Members with voting rights at General Meetings of the Company and Associate Members who may attend General Meetings of the Company but are not eligible to vote at such meetings.

a) The Board shall have the power to admit Associate Members, strictly limited in number, defined as follows:

Provisional Members are members who shall only be allowed to play on the golf course during the hours from time to time laid down by the Board.

Colts Members are members who have attained the age of 22 years but not reached their 28th birthday but retain the same playing rights to that of a Member.

Intermediate Members are members who have attained the age of 18 years but not reached their 22nd birthday who shall have equal playing rights to that of a Member except that they may not compete for the Captain’s Prize.

Junior Members are members who have attained the age of 8 years but not reached their 18th birthday who shall only be allowed to play the golf course during the hours from time to time laid down by the Board.

House Members are Members who are entitled to enjoy the facilities of the Club House but are not entitled to play golf on the golf course free of charge by virtue of such membership.

A list of Members and Associate Members of the Club shall be available in the Club House.

b) The Golf Committee is empowered to make such Local Rules and Regulations, subject to the approval of Board and within the guide lines as laid down by the Royal and Ancient Golf Club of St Andrews, as may be necessary for the conduct of competitions and play on the golf course.

All complaints shall be made to the Secretary in writing.

In no instance shall a Member of the Club directly reprimand or give orders to a servant of the Club.

Animals shall not be allowed into the Club House or on the golf course except by permission in writing from the Board.

9. Club House Regulations

The Club House shall be open daily for the accommodation of Members of the Club during the hours from time to time laid down by the Board, except on Christmas Day, when the Club House shall remain closed.

The bar shall be open for the supply of intoxicants during the hours from time to time laid down by the Board provided that the hours shall not on any day be longer nor begin earlier or end later than the general licensing laws in the district, unless a special exemption has been granted to the Club. No person under the age of 18 years shall be supplied with or allowed to consume intoxicants on the Club’s premises.

10. Arrangements with other Clubs and Associations.

The Rules of Golf made by the Royal and Ancient Golf Club of St. Andrews shall be the rules of the game and the Club agrees to comply with the Constitution and Rules of the English Golf Union and adopt the Regulations and Rules of the Council of National Golf Unions relating to the Standard Scratch and Handicap Scheme.

11. Committees

The Board shall have power to appoint from time to time Sub-Committees and also to appoint Special Committees as they may deem advisable for special purposes, or to deal with matters of detail and may delegate to them such powers as they may from time to time think fit to prescribe by the terms of reference and may withdraw such powers and for such purposes may co-opt on such Sub-Committee or Special Committee any Member of the Club. Any such Sub-Committee or Special-Committee shall report to the Board and their decisions shall be subject to confirmation of the Board.

The President, Captain, Vice-Captain, Chair of the Board of Directors, Honorary Treasurer and Honorary Secretary (when elected) shall be ex-officio members of all Sub-Committees or Special Committees.

12. Matters in Dispute

All matters of dispute not provided for in the Articles of Association or in these Bye Laws shall be referred to the Board and their decision shall be final and legally binding upon all members of the Club, subject to a right of appeal as laid down in Bye-Law 6.

13. Nominations of Officials and Board Members

The Secretary shall post a sheet in a prominent place in the Club House at least twenty one days before the Annual General Meeting for the nominations for the positions of President, Captain, Vice-Captain, Hon. Treasurer, the elected members of the Board and, if so desired by the Board, an Honorary Secretary. Every nomination shall be signed by 12 noon on the day prior to the day of the Annual General Meeting by the Proposer, Seconder and Nominee, who shall all be Members as defined in the Articles of Association.

It shall be the exclusive duty of the Board to nominate candidates for the positions of President, Captain and Vice-Captain after receiving the recommendation of the Past Captains for the position of Vice-Captain or, if there is no current Vice-Captain in office, for the positions of Captain and Vice-Captain and of the Past Presidents for the position of President who will each serve a one year term in office.

For the positions of Captain and Vice-Captain only Members are eligible, but for the position of President all Members of the Club should be considered.

In cases where the number of candidates for election to the Board exceeds the number of vacancies, each member present at the meeting and entitled to vote shall be furnished with a voting paper setting out the names of the candidates and shall vote for that number of vacancies. Scrutinisers shall be appointed by the Chairman to examine the voting papers and to count the votes. Any voting paper containing more or less votes than the number to be elected shall be rejected.

14. Regulations regarding the consumption of intoxicating liquor on the Club premises:-

The permitted hours are the general licensing hours as specified in the Licensing Act 2003.

The Club shall not open on Christmas Day.

The Common Seal of the Company was hereunto affixed on the 26th day of March 2018 in the presence of: - Members of the Board

G S Lacy

Secretary / Manager

Notes for the guidance of Members

a) The Company is limited by guarantee and Clause 5 of the Memorandum of Association provides that “Every Member” of the Company undertakes to contribute to the assets of the Company in the event of its being wound up while he is a Member, or within one year afterwards, for payment of the debts and liabilities of the Company contracted before he ceased to be a member and the costs, charges and expenses of winding up and for the adjustment of the rights of the contributories among themselves such amount as may be required not exceeding £10.00.

b) The Memorandum and Articles of Association may be amended by Special Resolution which must be passed by three-fourths majority at a General Meeting for which twenty one days notice has been given specifying the resolution to be proposed.

c) Any Bye-Law made by the Board shall be void if a resolution shall be passed declaring the Bye-Law to be void by a three fourths majority in number of members present and voting at a General Meeting held within two months of the date when details of the Bye-Law in question were posted on the notice board in the Club House.

d) The procedure for requisitioning a General Meeting by ten percent or more Members is laid down in Article 9.