|
|
|
|
|
|
|
|
Scammonden Water Sailing Club |
|
|
|
|
|
|
November |
|
|
|
Constitution, Rules and Bylaws |
|
2004 |
|
|
|
Final - AGM Approved |
|
|
|
|
|
|
|
|
|
1 |
Name and Objects |
|
|
|
|
2 |
Officers |
|
|
|
|
3 |
Membership |
|
|
|
|
4 |
Management Committee |
|
|
|
|
5 |
Trustees |
|
|
|
|
6 |
Meetings of the Club |
|
|
|
|
7 |
Dissolution of the Club |
|
|
|
|
8 |
Byelaws |
|
|
|
|
|
|
|
|
|
|
|
Clauses marked with an asterisk
* are CASC related clauses - Rule 8/58 relates |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Section 1 - Name and Objects |
|
|
|
|
|
|
|
|
|
| Name |
1 |
The name of the Club shall be
the ' Scammonden Water Sailing Club'.
(hereinafter referred to in these Rules as the 'Club'). |
|
|
|
| Objects |
2* |
The objects on which the Club is
established is to promote and facilitate the amateur sport of sailing and of
racing dinghies of the classes determined upon by a General Meeting of the
Club, to encourage, maintain and conduct at the Headquarters of the Club,
namely Scammonden Water, a Club for the accommodation of members and their
guests and to afford to members and their guests all the usual privileges of
a Club and community participation in the same. |
|
|
|
| Burgee |
3 |
The Club shall have a burgee,
the design of which shall be decided by the Committee. |
|
|
|
|
|
|
|
|
|
|
|
Section 2 - Officers |
|
|
|
|
|
|
|
|
|
| Officers
of the Club |
4 |
The Officers of the Club shall
be Full, Family or Life members of the Club and shall consist of a Club
President, a Commodore, a Vice-Commodore, a Rear-Commodore, Hon Secretary,
Hon Treasurer and the Trustees, and such other Officers as may be elected at
an Annual General Meeting. All the Officers (other than the Trustees), shall
be elected at the Annual General Meeting in each year and shall hold office
for one year, retiring at the termination of the Annual General Meeting in
each year. All Officers of the Club
shall be eligible for re-election. |
|
|
|
|
|
|
|
|
|
|
|
Duties of Hon Secretary/Hon Treasurer/Hon
Auditors |
|
|
|
|
|
|
|
|
|
| Duties of
Hon Secretary |
5 |
The Hon Secretary shall:- |
|
|
|
|
(a) |
Keep a
register of Club members' names and addresses; |
|
|
|
|
(b) |
Conduct the correspondence of
the Club; |
|
|
|
|
(c) |
Keep custody of all Club
documents; |
|
|
|
|
(d) |
Keep full minutes of all
meetings of the Club, the Committee and Sub-Committees which shall be
confirmed and signed by the appropriate Chairman upon the agreement of the
Club, the Committee or Sub-Committee at the next following meeting of the
Club, the Committee or Sub-Committee; |
|
|
|
|
(e) |
Administer such insurance policy
or policies as may be needed fully to protect the interests of the Club, its Officers and its members; |
|
|
|
|
(f) |
Maintain contact with the Club's
Legal Advisor to ensure that the Club's affairs are managed in accordance
with current law; |
|
|
|
|
(g) |
Maintain any such certificates,
licences or registrations, and complete any such non-financial returns, as
may be required by law; |
|
|
|
|
(h) |
Provide and supervise a Guest
Book to be available for use in the Clubhouse. |
|
|
|
| Duties
of Hon Treasurer |
6 |
The Hon Treasurer shall:- |
|
|
|
|
(a) |
Cause such books of account to
be kept as are necessary to give a true and fair view of the state of
finances of the Club; |
|
|
|
|
(b) |
Cause all returns as may be
required by law in relation to such accounts to be rendered at the due time; |
|
|
|
|
(c) |
*Prepare
a financial statement and audited accounts from 1st October until 30th
September in each year (or at such other Club year as should be determined by
the Committee) and cause such financial statement (and accounts as necessary)
to be audited at least once annually and shall thereafter cause, for
approval, the same to be circulated to members at least fourteen days before
the next Annual General Meeting of the Club. |
|
|
|
|
|
|
|
|
|
| Duties
of Hon Auditor |
7 |
The Hon Auditor shall:- |
|
|
|
|
(a) |
Be appointed at the Annual
General Meeting in each year; their remuneration (if any) being decided by
the Committee; |
|
|
|
|
(b) |
The Auditor shall
audit the accounts of the Club when called upon to do so and shall give such
certificate of assurance as to the accuracy of the said accounts as shall be
required by law or by the committee; |
|
|
|
|
|
|
|
|
(c) |
If unwilling or unable to act,
inform the committee, who shall appoint a substitute to hold office until the
termination of the next Annual General Meeting. |
|
|
|
|
|
|
|
|
|
|
|
Section 3 – Membership |
|
|
|
|
|
|
|
|
|
| Non-Limitation
of Membership |
8* (a) |
Membership shall be open to
anyone interested in the Sport of Sailing on application regardless of sex,
disability, ethnicity, nationality, sexual orientation, religion or other
beliefs. However limitation of membership according to available facilities is
allowable on a non-discriminatory basis. |
|
|
|
| Non-Discriminatory
Classes of Membership |
(b) |
The Club may have different
classes of membership and subscription on a non-discriminatory and fair
basis. The Club will keep subscriptions and allow use of equipment and
facilities that will not pose a significant obstacle to any person
participating. |
|
|
|
| Refusal
or Removal of Membership |
© |
The Club Committee may refuse
membership, or remove it, only for good cause, such as conduct or character
likely to bring the Club or Sport into disrepute. Appeal against refusal or
removal may be made to the Committee per 3/18. |
|
|
|
|
|
|
|
|
|
| Categories
and votes of Membership. Rights and
Privileges of Members |
9 |
There
shall be the following categories of membership with rights and privileges
and power to vote at all meetings of the Club as indicated hereunder: |
|
|
|
|
(a) |
A FULL MEMBER - being a person
who, at the date of election, is over the age of eighteen, shall have one
vote and shall have full use of all of the Club's facilities. A spouse or
partner of a full member may be admitted at a reduced subscription determined
by the Committee but will no vote. |
|
|
|
|
(b) |
A FAMILY MEMBER - which
expression shall include one or two parents (as may be) and all children
under eighteen years of age. The
family unit shall have one vote, exercisable by either parent and shall have
full use of all of the Club's facilities. |
|
|
|
|
© |
A JUNIOR MEMBER - being a person
who, at the date of renewal, is under the age of eighteen shall have no vote
but shall have full use of all of the Club's facilities. |
|
|
|
|
|
Such a member shall be one who
at the commencement of the subscription year joins the Club other than as a
full member or a family member. |
|
|
|
|
(d) |
AN HONORARY MEMBER |
|
|
|
|
|
Such a member shall be one as
elected at each Annual General Meeting for outstanding services rendered
either to the Club or to the Sport of Sailing. No fees of any kind shall be
payable by an Honorary Member, but if he/she shall have been elected for services
to the Sport of Sailing, without particular reference to the Club, he/she
shall have no vote but shall have full use of all of the Club's facilities. |
|
|
|
|
(e) |
A SOCIAL MEMBER (or NON-SAILING
MEMBER) |
|
|
|
|
|
Such a Member will not be
permitted to sail on more than six occasions in any one year on the Club
water and who shall have no vote and shall have full use of the Clubhouse
facilities. |
|
|
|
|
(f) |
A
TEMPORARY MEMBER |
|
|
|
|
|
Such a member would be members,
staff or officials of a team, Club or individual, taking part in a bona-fide
event on not more than ten occasions in any one year; and members of any
Sailing Club recognised by the RYA to sail as visiting members whilst visiting
the area, can be allowed the facilities of the Club as members for the
purposes of the supply of intoxicating liquor. A Temporary Member would have
no vote and: |
|
|
|
|
|
(1) Shall have no right to enter
Club races or regattas unless specifically authorised by the Secretary or
Committee. |
|
|
|
|
|
(2) Shall have no right to
introduce visitors to the Club or the facilities thereof. |
|
|
|
|
|
(3) Shall have no right to take
any part in the management of the Club. |
|
|
|
|
|
(4) Shall be deemed to have
notice of an implied undertaking to comply with the Club Rules, current
Byelaws and Regulations as if he or she were a member of the Club and so far
as the said Rules, Byelaws and Regulations may be deemed to apply to such Temporary
Member. |
|
|
|
|
|
(5) Shall be liable to be
expelled from the Club premises or to be prohibited from using the Club
facilities if, in the opinion of the Secretary, he or she shall not have
reasonably complied with the above conditions. |
|
|
|
| Group
Membership |
(g) |
GROUP MEMBERSHIP consists of persons connected with properly constituted
organisations, who may be admitted as members on terms agreed and amended
annually by the Committee with the organisations concerned. Each Group shall
nominate one individual to exercise one vote only, on behalf of that Group. |
|
|
|
|
(h) |
A LIFE MEMBER. A Full Member shall
become a Life Member on the payment of a single fee determined by the
Committee and shall have one vote and shall have full use of all of the
Club's facilities. |
|
|
|
|
(I) |
A COUNTRY MEMBER who shall reside over 100 miles from the Club, shall have one
vote and shall have full use of all the Club's facilities. |
|
|
|
|
(m) |
A STUDENT MEMBER who at the date application, is over 18 years, is still in
full-time education, shall have one vote and shall have full use of all the
Club's facilities. |
|
|
|
|
|
|
|
|
|
|
|
Admission and Retirement of
Members |
|
|
|
| Admission
of Members |
10 |
Applicants for membership of the
Club shall apply on the appropriate form to the Secretary. |
|
|
|
|
11 |
New members shall pay all fees
due on submission of their application for membership. |
|
|
|
|
12 |
No person shall be admitted to
membership nor be admitted as a candidate for membership to any of the
privileges of membership without an interval of at least two days between
their nomination or application for membership and their admission. |
|
|
|
| Members'
Duty to provide an up to date address |
13 |
Every member shall furnish the
Secretary with an up-to-date address which shall be recorded in the Register
of Members and any notice sent to such address as shall be deemed to have
been duly delivered. |
|
|
|
| One
year’s temporary absence of member |
14 |
A member who, for any reason,
anticipates inability to use the Club or its facilities for the whole of any
one year shall be excused payment of the annual subscription and other annual
fees provided that notice in writing is given to the Secretary before the
last day of September in the previous year.
A member wishing to be re-instated during the year in question shall
pay such portion of the annual subscription as the Committee shall require. |
|
|
|
| Retirement
of a member |
15 |
A member desirous of retiring
from membership shall give notice in writing to the Secretary before the last
day of September and shall not then be liable to pay the subscription for the
following year. Upon re-application by
a past member the Committee may, at its discretion, excuse payment of an
Entrance Fee. |
|
|
|
| Arrears
of Subscription |
16 |
The Committee may cancel,
without notice given, the membership of any member whose annual subscription
and other annual fees are more than three months in arrears provided that the
Committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payment are in
arrears may enter any Club event or regatta nor vote at any meeting. |
|
|
|
|
|
|
|
|
|
|
|
Conduct of Members |
|
|
|
| Under-taking
by members to comply with Rules |
17 |
Every member, once joined and
thereafter, is deemed to have notice
of, and impliedly undertakes to comply with, the Club Rules and the current
Byelaws and Regulations of the Club.
Any refusal or neglect to do so, or any conduct which, in the opinion
of the Committee, is either unworthy of a member or otherwise injurious to
the interests of the Club, shall render a member liable to expulsion by the
Committee. |
|
|
|
| Expulsion
of members |
18 |
PROVIDED THAT, before expelling
a member, the Committee shall call upon such member for a written explanation
of the member's conduct and shall give the member full opportunity of making
explanation to the Committee, or of resigning. |
|
|
|
|
19 |
A Resolution to expel a member
shall be carried by a simple majority vote by those members of the Committee present and voting on the
Resolution. |
|
|
|
| Guests
in the Club |
20 |
Members may, subject to the Club
Rules for the time being in force, personally introduce Guests, but in doing
so, shall be responsible for ensuring that such Guests enter their names in
the Visitors' Book provided for that purpose and abide by the Rules and
Bye-Laws of the Club. No Guest shall be introduced on more than six times in
any one year. |
|
|
|
| Damage
to Club property |
21 |
A member shall not knowingly
remove, injure, destroy or damage any property of the Club and shall make
restitution for the same if called upon to do so by the Committee or by the
Secretary upon the instructions of the Committee. |
|
|
|
| Alterations
to Club Web-site |
22 |
A
Member shall not cause any deletion, amendment or addition to any part of the
Club's Web-site without permission of the relevant authorising Officer.
(Discussion boards excepted) |
|
|
|
| Settlement
of Accounts |
23 |
A member shall settle any
indebtedness for refreshment or otherwise before leaving the Club premises,
or in accordance with any byelaw relating to the settlement of such
indebtedness. |
|
|
|
| Suggestions |
24 |
All suggestions shall be entered
in the Suggestion Book and signed by the Member. |
|
|
|
| Complaints |
25 |
Complaints of any nature
relating to the management of the Club shall be addressed in writing to the
Secretary. Under no circumstances
shall a servant of the Club be personally reprimanded by a member. |
|
|
|
|
|
|
|
|
|
|
|
Limitation of Club Liability |
|
|
|
| Limitation
of Club liability |
26 |
Members, their guests and
visitors are bound by the following Rule 3/27 which shall also be exhibited
in a prominent place within the Club premises:- |
|
|
|
|
27 |
Members of the Club, their
guests or visitors may use the Club premises, and any other facilities of the
Club, entirely at their own risk and impliedly accept: |
|
|
|
|
(a) |
The Club will not accept any
liability for any damage to or loss of property belonging to members, their
guests or visitors to the Club. |
|
|
|
|
(b) |
The Club will not accept any
liability of personal injury arising out of the use of the Club premises, any
other facilities of the Club either
sustained by members, their guests or visitors or caused by the said members, guests or
visitors whether or not such damage or injury could have been attributed to
or was occasioned by the neglect, or default of any of them, the Officers,
Committee or servants of the Club. |
|
|
|
|
© |
Membership of the Club and
acceptance of these Rules by the member will be deemed to constitute consent
to the holding of relevant personal data for the purposes of the current Data
Protection Legislation. |
|
|
|
|
|
|
|
|
|
|
|
Section 4 - Management Committee |
|
|
|
|
|
|
|
|
|
| Constitution
of Committee |
28 |
The
Club shall be managed by the Committee, which shall comprise the Officers
described in 2/4, together with not more than six General Committee Members
elected at an Annual General Meeting from those Club Members who are eligible
to vote. The General Committee Members shall serve for a term of three years
after which they shall retire at the Annual General Meeting and shall not be
eligible for re-election to the Committee, other than as an Officer of the
Club, at that meeting. At meetings of the Committee, five members present
shall form a quorum. |
|
|
|
| Retirement
of members of the Committee |
29 |
Nominations to replace retiring
officers and Committee members shall be sent to the Secretary at least seven
days before the date of the Annual General Meeting, the consent of the
nominee having first been obtained. |
|
|
|
| Co-opting
members to the Committee |
30 |
The Committee shall have the
power to co-opt members as they consider necessary and to fill casual
vacancies occurring amongst the Officers or Committee provided that such
co-opted members of the Committee shall not at any time exceed two in number.
Any person so appointed shall retire at the next Annual General Meeting and
shall be eligible for re-election. |
|
|
|
| Power
to appoint Sub-Committees Formation
and Duties of Sailing Committee |
31 |
(a) The Committee shall have the
power to appoint Sub-Committees for such purposes and with such offices of
such Sub-Committees as the Committee think proper.
(b) A Sailing Committee may be appointed by the Committee and it shall
be the duty of the Sailing Committee to draw up a racing programme and a rota
for the Officers of the Day or such ancillary matters which may arise in
relation to such racing programme.
(c) It shall be the duty of the Committee or the Sailing Committee, as
the case may be, to allocate berths for boats. |
|
|
|
| Committee
Meetings |
32 |
The Committee shall meet at
least every two months making such arrangements as to the conduct, place of
assembly and holding of such meetings as it may wish. The Secretary should
use his best endeavours to notify all Committee Members giving at least seven
days notice of the next proposed meeting.
The Commodore or in his absence a Chairman elected by those present
shall preside. |
|
|
|
| Voting
at committee |
33 |
Voting (except in the case of a
resolution relating to the expulsion of a member) shall be by show of
hands. In the event of votes being
equally cast, the Commodore or
Chairman (as the case may be) shall have a second and casting vote. |
|
|
|
|
|
|
|
|
|
|
|
Powers of the Committee |
|
|
|
|
|
|
|
|
|
| Management
of Club by Committee |
34 |
The Committee shall manage the affairs of the Club according to
the Rules and shall cause the funds and resources of the Club to be applied
solely to the objects of the Club or for a benevolent or charitable purpose
nominated by General Meeting. |
|
|
|
| Powers
to make Byelaws and Regulations |
35 |
The Committee shall make such
Byelaws and Regulations as it shall from time to time think fit and shall
cause the same to be exhibited in the Club premises for fourteen days before
the date of implementation. Such Byelaws
and Regulations shall remain in force until approved or set aside by a vote
of a General Meeting of the Club. |
|
|
|
| Limitation
of Member's liability |
36 |
The Committee, or any person or
sub-committee delegated by the Committee to act as agent for the Club or its
members, shall enter into contract only as far as expressly authorised, or
authorised by implication, by the members.
No one shall, without the express authority of the membership in
General Meeting, pledge the credit of the membership. |
|
|
|
| Members
indemnification of Committee |
37 |
In pursuance of the authority
vested in the Committee by members of the Club, Committee Members are
entitled to be indemnified by the members of the Club against any liabilities
properly incurred by them or any one of
them on behalf of the Club wherever the contract is of a duly
authorised nature or could be assumed to be of a duly authorised nature and
entered into on behalf of the Club. |
|
|
|
| Limits
on Numbers of Members |
38 |
The total membership of the Club
shall be limited at the discretion of the Committee. |
|
|
|
|
|
|
|
|
|
|
|
Property and Funds |
|
|
|
|
|
|
|
|
|
|
39* (a) |
The property and funds of the
Club cannot be used for the direct or indirect private benefit of its members
other than is reasonably allowed by this Rule. |
|
|
|
|
(b) |
The Club may provide sporting
and related social facilities, Club sporting equipment, coaching, courses,
insurance cover, medical treatment, post regatta refreshments and other
ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance
Act 2002. |
|
|
|
|
© |
The Club may also in connection
with the Sailing objects of the Club:- |
|
|
|
|
(1) sell and supply food, drink
and related sports clothing and equipment. |
|
|
|
|
|
(2) engage members (though not
for sailing) and remunerate them for providing goods and services, on fair
terms set by the Committee, without the person concerned being present. |
|
|
|
|
|
(3) pay for reasonable
hospitality for visiting teams and guests. |
|
|
|
|
|
Purchase and Supply of Excisable
Goods |
|
|
|
|
|
|
|
|
|
|
40 |
(a) Intoxicating liquor may only
be sold for consumption on the Club premises to persons over the age of
eighteen who are entitled to the use of the Club premises in pursuance of the
Rules, Byelaws and Regulations for the time being in force. No Junior Member under the age of eighteen
may purchase or attempt to purchase intoxicating liquor within the Club
premises nor may a Junior Member under the age of sixteen purchase or attempt
to purchase tobacco or cigarettes within the Club premises.
(b) The purchase for the Club of excisable goods and the supply of the
same upon Club premises shall be exclusively and solely under the control of
the Committee, or of a special sub-committee appointed by the Committee. |
|
|
|
| Hours
of Sale of Excisable Goods |
41 |
Subject to the requirements of
the licensing authorities, the Committee shall cause the Club bar to be
opened at convenient times (and such times shall be prominently exhibited in
the Club premises) for the sale of excisable goods to persons who are entitled
to the use of the premises of the Club in pursuance of these Rules (except
Junior Members as aforesaid) PROVIDED
THAT visitors' names and addresses and the name of their introducer shall
have been entered in the Visitor's Book upon entry to Club premises. |
|
|
|
| Profits
from Sale of Excisable Goods |
42 |
No person shall take a
commission, percentage or other such payment in connection with the purchase
of excisable goods for the Club. Any
profit deriving from the sale of such goods shall (after deduction of the
costs of providing such goods for the benefit of the Club) be applied to the
provision of additional amenities or the purchase of property to be held in
trust for the benefit of the Club. |
|
|
|
| Accounts
relating to excisable goods |
43 |
Full and proper accounts of all
purchases and receipts shall be kept and presented at the Annual General
Meeting in each year and such information as the Secretary or Auditors may
require shall be furnished to enable any statutory return or statement and
the payment of excise or other duty or tax to be made. |
|
|
|
|
|
|
|
|
|
|
|
Section 5 - Trustees |
|
|
|
|
|
|
|
|
|
| Number
of & terms of reference |
44 |
There shall not less than three
in number of Trustees of the Club who shall be appointed from time to time as
necessary by the Committee of the Club from among Full, Family, Life or
Honorary Members who are willing to be so appointed. These nominations shall
be subject to ratification at the next Annual General Meeting by a majority
of two-thirds of those present and
entitled to vote. A Trustee shall hold office during his lifetime or
until he shall resign, by notice in writing given to the Committee, or until
a resolution removing him from office shall be passed at a meeting of the
Committee by a majority comprising two-thirds of the members present and
entitled to vote. |
|
|
|
| Property
of Club vested in Trustees |
45 |
All the property of the Club,
including land and investments, shall be held by the Trustees for the time
being, in their own names so far as it is necessary and practicable, on trust
for the use and benefit of the Club.
In the death, resignation, or removal from office of a Trustee, the
Committee shall nominate a new Trustee in his place, and shall as soon as
possible thereafter take all lawful and practicable steps to procure the
vesting of all Club property into the names of the Trustees as constituted
after such nomination. For the purpose
of giving effect to any such nomination, the
Secretary for the time being is hereby nominated as the person to
appoint new Trustees of the Club within the meaning of Section 36 of the
Trustee Act 1925 as supplemented or amended section 19 of the Trusts of Land
and Appointment of Trustees Act 1996 and the Secretary shall by Deed duly
appoint the person or persons so nominated by the Committee. |
|
|
|
| Powers
of Trustees |
46 |
The Trustees shall in all
respects act, in regard to any property of the Club held by them, in
accordance with the directions of the Committee and shall have power to sell,
lease, mortgage or pledge any Club property so held for the purpose of
raising or borrowing money for the benefit of the Club in compliance with the
Committee's directions (which shall be duly recorded in the Minutes of the
proceedings of the Committee) but no purchaser, lessee or mortgage shall be
concerned to enquire whether any such direction has been given. |
|
|
|
|
|
|
|
|
|
| Indemnity
of Trustees from Club |
47 |
The Trustees shall be
effectually indemnified by the Committee out of the assets of the Club from
and against any liability, costs, expenses and payments whatsoever which may
be properly incurred or made by them in the exercise of their duties or
relation to any property of the Club vested in them, or in relation to any
legal proceedings, or which otherwise relate directly or indirectly to the
performance of the functions of a Trustee of the Club. |
|
|
|
| Limitation
of Liability of Club Trustees |
48 |
The following clause 5/49 shall
be incorporated in every contract, lease, licence or other agreement entered
into by the Trustees of the Club. |
|
|
|
|
49 |
The liability of the Trustees
for the performance of any contractual or other obligation undertaken by them
on behalf of the Club shall be limited to the assets of the Club. |
|
|
|
|
|
|
|
|
|
|
|
Section 6 - Meetings of the Club |
|
|
|
|
|
|
|
|
|
| Annual
General Meeting |
50 |
The Annual General Meeting of
the Club shall be held not later than three calendar months after the end of
the Club year, and shall be convened by a circular sent to each member of the
Club, at least fourteen days prior to the date of such Annual General
Meeting. Twenty five members or 25% of total members (whichever is less) who
are present and eligible to vote shall form a quorum. |
|
|
|
| Extraordinary
General Meeting |
51 |
Extraordinary
General Meetings may be called at any time by the Committee or at any time on
a requisition signed by at least twenty five full members of the Club; such
requisition to state the object of the proposed Meeting, which must be called
within thirty days of receipt by the Secretary of such notices. The only
subject which shall be discussed at such meeting shall be the subject named
in the notice requiring the calling of such Meeting. |
|
|
|
| Ordinary
General Meeting upon request of members |
52 |
The Committee shall similarly
call a Extraordinary General Meeting upon a written request addressed to
the Secretary by at least 25
members. The discussion at such
meeting shall be confined to the business stated in the notice sent to
members. |
|
|
|
| Chairman
at Meetings |
53 |
The Senior Officer present shall
preside at all Meetings, whom failing, a member shall be appointed to the
Chair for the Meeting in question. |
|
|
|
| Entitlement
to vote at Meetings |
54 |
Only Full, Family, Life, Group
(subject to 3/9/g), Country and Honorary members (subject to 3/9/d) shall
vote at any meeting of the Club or in the election of Officers. Other members may attend but are not
entitled to vote. |
|
|
|
| Equality
of Votes |
55 |
In the case of an equality of
votes the Chairman shall have a second or casting vote, on any matter other
than the election of members of the Committee. |
|
|
|
| Voting
on Rule Change |
56 |
No addition to, alteration, or
amendment to these Rules shall be made except at an Annual or Extraordinary
General Meeting and by a majority of two thirds of the members having voting
rights present thereat. Notice of any proposed addition, or amendment shall
be given to the members in the circular convening the meeting and details
exhibited on the Club Notice-board (and if possible, on the Club's Web-site)
fourteen days prior to such a meeting. The Secretary must notify the relevant
Licensing Authority within 28 days of any changes to the Rules of the Club. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Section 7 - Dissolution of the
Club |
|
|
|
|
|
|
|
|
|
| Dissolution
of the Club |
57*
(a) |
The members may vote to wind up
the Club if not less than three-quarters of those present and entitled to
vote, support that proposal at a properly convened General Meeting. |
|
|
|
|
|
Section 8 - Byelaws |
|
|
|
| Rights and privileges of members |
67 |
The present rights and
privileges of each category of membership shall be as follows:- |
|
|
|
|
|
A FULL MEMBER shall have the
full use of all the Club facilities. |
|
|
|
|
(b) |
The Committee will then be
responsible for the orderly winding up of the Club's affairs. |
|
|
|
|
© |
After settling all the
liabilities of the Club, the Committee shall dispose of nett assets remaining
to one or more of the following:- |
|
|
|
|
|
(1) to another Club with similar
Sports objects which is a charity and/or |
|
|
|
|
|
(2) to another Club with similar
Sports objects which is a registered CASC and/or |
|
|
|
|
|
(3) to the Club's national
governing body for use by them for related community sports. |
|
|
|
|
|
Section 8 - Byelaws |
|
|
|
|
|
|
|
|
|
|
|
General |
|
|
|
|
|
|
|
|
|
| Priority
of CASC Rules |
58* |
Where there is conflict with any
of the CASC related Rules in this Constitution (such clauses are marked with
an asterisk *), the CASC related Rules will take priority. Interpretation of
all the Rules must be consistent with the statutory requirements for CASC
(which means Community Amateur Sports Clubs as first provided for by the
Finance Act 2002). |
|
|
|
| Control
of dogs |
59 |
All Dogs bought onto the Club
area shall be kept on a leash at all times |
|
|
|
| Car
Parking |
60 |
Cars may only be parked in areas
designated for such parking so as not to cause an obstruction to other cars
or to the approaches to the Club Premises, Slipways and Boat Parks. No
caravans or overnight stays are permitted. |
|
|
|
| Opening
of Club premises and Bar |
61 |
The
Club premises shall be open to members at such times as the Committee shall
direct. The bar will be open at these hours or at such other hours as may be
decided by the Committee subject to any restrictions imposed from time to
time by the Licensing Justices. |
|
|
|
| Abandoned
Boats |
62 |
In addition to the powers given
to the Committee under Rule 3/14, if at any time, any fees payable to the
Club by any member or former member shall be three months or more in arrears
and a vessel the property of a member or former member remains upon the Club
premises, the Committee may:- |
|
|
|
|
(a) |
Move the vessel to any part of
the Club premises without being liable for any loss or damage to the vessel
howsoever caused. |
|
|
|
|
(b) |
Give one month's notice in
writing to the member or former member at his last known address as shown in
the Club Register and thereafter sell the vessel and deduct any monies due to
the Club (whether by way of arrears of
subscription or annual payments, mooring, dinghy park fees or otherwise) from
the net proceeds of sale before accounting for the balance (if any) to the
member or former member. |
|
|
|
|
© |
Alternatively, if the vessel is
unsaleable, after giving notice in writing as aforesaid, dispose of the
vessel in any manner the Committee may think fit and deem the cost of doing
and any arrears as aforesaid to be a debt owing to the Club by the member or
former member. |
|
|
|
|
(d) |
Further the Club shall at all
times have a lien over members' or former members' boats parked or moored on
the Club's premises or Club moorings in respect of all monies due to the
Club, whether in respect of arrears of berthing fees or subscriptions or otherwise. |
|
|
|
|
(e) |
PROVIDED ALWAYS THAT:- |
|
|
|
|
|
Proper evidence is available to
show that all reasonable steps have been taken to trace a member or former
member and that when and if the vessel is sold the proceeds of sale (less any
indebtedness by the member or former member to the Club) shall be placed upon
bank deposit account and retained against the eventuality of a claim by the
owner (whether he be the said member or former member or otherwise) for a
period of six years. |
|
|
|
|
|
|
|
|
|
|
|
Safety and Racing |
|
|
|
|
|
|
|
|
| Buoyancy
Apparel |
63 |
All members and all visitors
shall at all times wear approved personal buoyancy apparel whilst sailing |
|
|
|
| Certificates
of Buoyancy and Insurance |
64 |
No boat shall be allowed to sail
on the Club waters without having a current Certificate of Buoyancy and
Insurance against third-party risks to a value fixed by the Committee and
reviewed from time to time. It shall be the member's responsibility to ensure
the validity of their insurance cover is to this minimum value. |
|
|
|
| Observance
of Club Lease |
65 |
Members shall at all times
observe and comply with the conditions set down in the Club Lease with
Yorkshire Water Services (or successors), and any member failing to comply
with such condition shall render themselves liable to dismissal from the
Club. |
|
|
|
| Racing
Rules |
66 |
All races shall be governed by
the RYA Rules for the time being in force, with such amendments as may be
ordered by the Committee, or any Sub-Committee properly acting on its behalf,
and duly published. |
|
|
|
| Sailing
Instructions |
67 |
All Members shall familiarise
and observe the current Club Sailing Instructions as published in the Annual
Yearbook. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|