Is there a difference in law between "members only" and "public" access/use.

[davidk65]

Duty of Care
Would it be correct to assume that the duty of care is the same for members only situations and public access/use. By which I mean that those responsible for managing a members only club have a responsibility to ensure that they provide a safe environment for the members (either within a building or the grounds of the club)and the same responsibility extends to the public if by invitation or by accident a member of the public finds themselves on club premises?

Donations of Equipment:
If a member donates any item of equipment, electrical/or mechanical, to a club does the doner thereby relinquishes title/ownership of the item. Is it then correct to say the club has assumed legal responsibility for ensuring that the equipment is safe to use and for maintaining the item in a safe condition. Further the managements duty of care extends to anyone who then uses that item?

[dotty.]

regarding the second bit, if any electrical equipment is being used in a business it has to be PAT tested annually and a record kept.
http://www.pat-testing.info/

[ChuckFickens]

"PAT tested annually"

Not always. it depends on the equipment and the location of the equipment. for example items used in a industrial kitchen should be tested every 6 months for classes P and H (portable and hand-held) whereas classes S and IT (stationary and IT equipment) in an office would only need testing every 4 years.

But yes to answer the question, electrical good donated would have to be tested before use by the public and then would need to be retested every 12 months for classes S and IT (stationary and IT) and every 6 months for classes M,P and H (movable, portable and hand-held)

(can I put my PAT testing handbook away now? it's really not very interesting reading)

[jackthehat]

You may need to expand more on the specific circumstances to receive the definitive answer.

[dotty.]

lol we 'get a man in' at work for it,

[davidk65]

All Good Stuff on the 2nd part of my question.
To fill that part out little. The club I have in mind, has a function room for members and attached, within the grounds, is a small engineering type workshop for use by members. My interest is in the state/condition of the donated tools. My argument is that the tools, when donated, belong to the club and the club is responsible for safety and good repair of these items. Others of cause disagree!

[jackthehat]

I should hate to use an 'elderly' appliance which has not been serviced because it was in good order when received,10 years ago............

[dotty.]

my God! Oh well, as long as you are not charging them admission, charging them to use the workshop and tools, selling them any kind of materials for use in the workshop, selling any of the items produced by the workshop to the public or members, allowing anyone without a full risk assessment being carried out on their own abilities to use it, letting anyone under the age of 16 use it, altering or relocating any electrical supply without your energy suppliers permission, storing any flammable materials unsafely, failing to abide by COSHH, not using the RHIDDOR policy, making sure that any waste is disposed of correctly including the disposal of used batteries.