Ashton & Reid on Clubs and Associations

Description

DELETE Foreword Preface Author biographies Law report abbreviations Table of Cases Table of Statutes Table of Statutory Instruments Table of EU Materials and Other Guidance Definition of a club Part 1: The Formation and Dissolution of a Club Chapter 1 Formation of the Club 1. The legal definition of a club 2. Historical introduction 3. Classification of clubs 4. Unincorporated members’ clubs 5. Working men’s clubs 6. Community clubs 7. Company clubs 8. Charitable clubs 9. Community amateur sports clubs 10. Choosing the essential structure 11. Specialist clubs 12. Umbrella organisations 13. Proprietary clubs Table 1 Legal structures: a summary Chapter 2 The Club’s Constitution or Rules 1. The primacy of club rules 2. The rule-makers 3. Binding nature of the rules 4. Contents of the rules 5. Interpretation of the rules 6. Amendment of the rules 7. Statutory involvement: members’ clubs 8. Proprietary clubs Chapter 3 Dissolution of the Club 1. Introduction 2. Amalgamation of clubs 3. Dissolution of the club 4. Members’ liability on dissolution 5. Impact of insolvency legislation Part 2: Internal Relationships: The Club and its Members Chapter 4 Admission into the Club 1. Formal process 2. Selection process 3. Categories of membership 4. Restrictions on right to reject applications for membership 5. Privileges of membership 6. Entrance fee and subscriptions 7. Guests and visitors Chapter 5 Management of the Club’s Affairs 1. Introduction 2. Officers of a members’ club 3. Election and tenure of officers 4. Auditor 5. Trustees 6. Branches and sub-clubs 7. Control by the managing committee in an unincorporated club and in a community club 8. Control by directors in an incorporated club 9. Control by trustees in a charitable club 10. Control by proprietor in a proprietary club 11. Cash basis of a members’ club 12. Power to borrow moneys 13. The committee’s duty of care to the club and its members 14. Members’ personal injury claims against the club 15. Children involved in club activities 16. Discrimination in managing the club’s affairs 17. Data protection: privacy and confidentiality 18. Membership list 19. Dealing with internal disputes Chapter 6 Meetings of Club Members 1. Introduction 2. Annual General Meeting 3. Special meetings 4. Informal meetings 5. Notice of general meetings 6. Electronic meetings 7. Controlling attendance at meetings 8. Agenda 9. Chairman of meetings 10. Amendments to motions 11. Members’ resolutions 12. Quorum 13. Voting 14. Minutes 15. Committee meetings 16. Statutory requirements for company clubs 17. Proprietary clubs Chapter 7 Cessation and Curtailment of Club Membership 1. Introduction 2. Resignation 3. Lapsed membership 4. Expulsion: members’ clubs 5. Expulsion: proprietary clubs 6. Suspension 7. Disciplinary proceedings 8. Appeals 9. Breach of bye-laws 10. Reprimand and warning 11. Discrimination affecting membership Chapter 8 Ownership of the Club’s Property 1. Introduction 2. Unincorporated members’ clubs 3. Incorporated members’ clubs 4. Literary and scientific institutions 5. Proprietary clubs 6. Trusteeship Chapter 9 Supply and Sale of Alcohol by the Club 1. Introduction 2. Licensable activities 3. Qualifying club activities 4. Authorisations 5. Club premises certificate 6. Premises licence 7. Temporary event notice 8. Personal licence 9. Proprietary clubs 10. Appeals 11. Fees 12. Offences Chapter 10 Supply and Sale of Food by the Club 1. Introduction 2. Food safety and hygiene 3. Registration of the club 4. Risk assessment 5. Staff training 6. Local surveillance 7. The supply of proper food 8. Offences Chapter 11 Entertainment Provided by the Club 1. Introduction 2. Copyright 3. Publishing books 4. Regulated entertainment 5. Procedures relating to authorisations etc 6. Television licence 7. Noise nuisance Chapter 12 Gaming and Lotteries Run by the Club 1. Introduction 2. Gaming: an overview 3. Exempt equal-chance gaming 4. Non-commercial equal-chance gaming 5. Gaming machines 6. Club machine permit 7. Club gaming permit 8. Procedure for obtaining club permits 9. Gaming: a miscellany 10. Lotteries: an overview 11. Incidental lottery 12. Private society lottery 13. Small society lottery 14. Lotteries: a miscellany 15. Betting 16. Cross-category activities 17. Proprietary clubs Part 3: External Relationships: The Club and Third Parties Chapter 13 The Club’s Civil Liability to Third Parties Part A: Contract 1. Introduction 2. Unincorporated clubs: general principles of liability 3. Principal parties 4. The law of agency 5. Member’s liability 6. Corporate clubs: general principles of liability 7. The role of directors 8. Third party protection 9. Proprietary clubs Part B: Tort 10. Introduction 11. Unincorporated clubs: general principles of liability 12. Vicarious liability 13. Negligence and nuisance 14. Defamation 15. Incorporated clubs: general principles of liability 16. The director’s liability 17. Proprietary clubs Chapter 14 Third Party Challenges to the Club’s Decisions 1. Introduction 2. Decisions made under an express contract 3. Implied submission to the club’s jurisdiction 4. Judicial review 5. Remedies available 6. Discrimination claims affecting third party livelihood Chapter 15 Landlord and Tenant Relationships Involving the Club 1. Introduction 2. Tenancies 3. Covenants in tenancies 4. Business tenancies 5. Residential tenancies 6. Discrimination in landlord and tenant matters 7. Licences 8. Proprietary clubs Chapter 16 The Club’s Employment of Third Parties 1. Introduction 2. Contract of employment 3. Pay 4. Maternity and other leave 5. Right not to suffer detriment 6. Health and safety at work 7. Termination of the contract of employment 8. Discrimination in employment 9. References 10. Workers Chapter 17 The Club’s Liability for Tax and Business Rates 1. Introduction 2. Mutual trading 3. Club accounts 4. Corporation tax 5. A miscellany of clubs 6. Other tax items 7. Value Added Tax 8. Stamp duty land tax 9. Business rates Chapter 18 The Club’s Responsibility for Crime 1. Introduction 2. Unincorporated bodies 3. Corporate bodies 4. Vicarious liability 5. Statutes where criminal liability may fall on the club 6. Alternative civil sanctions 7. Serious offences Part 4: Clubs as Parties in Civil Proceedings Chapter 19 The Club’s Involvement in Civil Proceedings 1. Introduction 2. Pursuing claims 3. Club’s procedure on a claim 4. Defending claims 5. Club’s procedure on a defence 6. Limitation 7. Alternative dispute resolution Appendices A Literary and Scientific Institutions Act 1854, sections 18 to 33 B Shop Clubs Act 1902, Schedule C Licensing Act 1964, Schedule 7 D Friendly Societies Act 1974, Schedule 2 E Co-operative and Community Benefit Societies 2014, section 14 F Corporate Insolvency and Governance Act 2020, Schedule 14 G Model Articles 2008 for private companies limited by shares H Model Articles 2008 for private companies limited by guarantee I Model Articles for a community interest company limited by guarantee J Constitution of a charitable incorporated organisation, ‘Association’ model K Model full set of rules for an unincorporated members’ club (Basset Sports Club) L Model short-form set of rules for an unincorporated members’ club (Bassetshire Hockey Umpires Association) M Specimen notice and agenda for an AGM (Basset Historical Society) N Specimen minutes of a committee meeting (Basset Borough Council Standards Committee) Index