Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Would I be right to conclude that the golf club is formallty constituted as a trust please with a formal trust document?
Thanks. There is no legal rule that prevents a trustee performing a management role as well. However it is perfectly possible for the dual role to be prohibited by club rules. Most clubs will have a committee or some other body which decides club rules - I assume this club has a committee or something similar that performs this job.
correct, there has been questions raised of the committe suggesting that a trustee should take no role other than that of a trustees, hence the question
A normal club trust deed will provide that the trustees are subject to club rules set by the committee or whichever body it is decided shall set club rules and it is possible under these circumstances for the club to make a rule prohibiting trustees taking certain other roles within the club if this is judged desirable.
Is it better to retain the independance of being trustee not to take the role?
If there is no such rule at present then there is no "rule of law" that prohibits this as above, providing that the dual role. Accordingly if the committee wishes to alter this position then it will need to do two things - 1) check the club trust deed provides that the trustees are subject to club rules set by the committee and 2) hold a vote to pass a new rule prohibiting a dual rule which is compliant with the club rules for passing new rules - i.e. sufficient majority etc.
Finally also consider that if the trustee is employed by the club then the club will also need to ensure that any termination of employment does not amount to unfair dismissal