107Provisions about clubs

107 Provisions about clubs

(1)  If a provision of this Act confers a power or imposes an obligation on a registered club then, unless the contrary intention appears –

(a) the capacity to exercise the power or the responsibility to comply with the obligation is taken to be conferred or imposed on the club committee; and

(b) the persons who constitute the club committee at the relevant time are jointly and severally liable for exercising the power or complying with the obligation.

(2)  If a club's failure to comply with an obligation constitutes an offence against this Act, each person who is a member of the club committee at the relevant time is taken to have committed, and may be convicted of, the offence unless the person shows that –

(a) the failure of compliance occurred without the person's knowledge and the person could not reasonably have acquired the knowledge; or

(b) the person was not in a position to influence the conduct of the club in relation to the obligation; or

(c) although being in such a position of influence, the person used due diligence to try to prevent the failure of compliance.

(3)  A person who is a member of a club committee may be charged with, and convicted of, an offence pursuant to this section whether or not any other members of the committee are charged with the offence either jointly or individually, or convicted of the offence.