HC Deb 28 July 1961 vol 645 cc876-7

Lords Amendment: In page 34, line 47, at end insert: (14) Where the rules of a club make provision for a class of members to have limited rights or no rights of voting in relation to the affairs of the club, any question whether the requirements of paragraph (c) of subsection (6) of this section are satisfied in relation to the club, or whether the rules of the club conform with the Fifth Schedule to this Act, shall if the court determining the question so directs be determined as if the exclusion of that class from voting to the extent provided for by the rules were authorised by the provisions of that Schedule as to voting at general meetings or elections; but the court shall not so direct unless satisfied that the provision so made by the rules is part of a bona fide arrangement made in the interest of the club as a whole and of that class of members for facilitating the membership of persons who are precluded by distance or other circumstances from making full use of the privileges of membership, and is not designed to secure for a minority of the members an unfair measure of control over the affairs of the club.

Mr. Vosper

I beg to move, That this House doth agree with the Lords in the said Amendment.

Paragraph 4 (2) of the Fifth Schedule governs voting at general meetings or elections and provides that all members of a club must be entitled to vote, with the exception of the classes of members listed in the proviso. The Amendment provides for country membership.

On Report, my hon. Friend the Member for the Isle of Thanet (Mr. Rees-Davies) and other hon. Members expressed concern that country members would be forced, under the provisions of the Bill, to vote at elections held by clubs. I voiced some sympathy with the point made and explained that to exempt country members as such might provide an opportunity for those who wished to evade the law to do so by creating a special class of members and so manipulate control of the club.

I believe that this Amendment overcomes that difficulty and meets the point made by my hon. Friend. It provides for the exclusion of country members from voting in the affairs of clubs, but it gives the court power to investigate the arrangement and to refuse to register a club unless the court is satisfied that the non-voting country membership is pant of a bona fide arrangement made in the interests of the club as a whole and of that class of members and is not designed to achieve for a minority of members an unfavourable measure of control. I think that the Amendment meets the point which was made without, at the same time, opening the loophole for the evasion of the law which I was so anxious to avoid.

Question put and agreed to.