RULES of the DEBEN YACHT CLUB. Adopted at the SGM 15 March 2016 Edited for CASC exit

Transcription

1 RULES of the DEBEN YACHT CLUB Adopted at the SGM 15 March 2016 Edited for CASC exit Page 1 of 9

2 Introduction 1 In these Rules and all Byelaws made hereunder unless there be something repugnant in the subject matter or context:- The Club means the Deben Yacht Club. The Committee means the Committee of the Club as defined in Rule 27. Members means Members of the Club. Month means calendar month. The singular includes the plural, and the plural includes the singular. The masculine includes the feminine. 2 The Committee is the sole authority for the interpretation of these Rules and of the Byelaws made hereunder, and the decision of the Committee thereon shall be final and binding on all Members. Every Member shall be deemed to have agreed to be bound by these Rules and all Byelaws made hereunder. 3 The objects of the Club shall be to make provision for and to promote, encourage and facilitate community participation in the sport of sailing and racing yachts and dinghies on the River Deben and elsewhere, and to provide social and other facilities for members as may be from time to time determined. 4 The Club shall be called the Deben Yacht Club. The Burgee of the Club shall consist of a Pennant bearing a white ball on a blue field. Membership and fees 5 Full membership of the club shall be open to anyone interested in the sport of yachting on application and regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may however be limited according to facilities on a non-discriminatory basis. Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating. The Committee may refuse membership or, subject to measures set out elsewhere in these rules remove it, only for good cause such as conduct or character likely to bring the club or sport into disrepute. Appeal against refusal of membership may be made to the members. There shall be the following categories of membership, with power to vote at all meetings of the club as indicated hereunder. The rights and privileges of each category of members are as defined in the latest edition of the byelaws of the Club. A full member being a person who enjoys full voting rights A family member which expression shall include one or two co-habiting adults each with full voting rights and all children within their guardianship under eighteen years of age. A junior member (cadet) being the category of non-voting membership for a person whose age at 1 January is under eighteen years, or as otherwise determined by the Royal Yachting Association for cadets. A student member being a non-voting member who is over the age of eighteen years and who is in full-time education. A full member aged between 18 and 25 at the first of January a person with full voting rights but paying a lower subscription. Associate Member a member of an affiliated organization who enjoys limited rights and privileges under the terms of an affiliation agreement with that organization. An associate member has no voting rights. Page 2 of 9

3 Temporary member - being a person entering membership under Rule 10. Application and election 6 An application for membership shall be in the form from time to time prescribed by the Committee, and shall include the name, address and occupation of the candidate. Upon receipt of an application for membership, the Honorary Secretary shall enter such application in a Register of Candidates and there shall be an interval of at least two days before the meeting of the Committee at which such application shall be considered. Candidates for membership shall have no privileges whatsoever in relation to use of the Club or premises. The election of all classes of members is vested in the Committee and shall be determined by a simple majority vote. The Committee may refuse applications only for good reason such as conduct or character likely to bring the Club into disrepute. The Honorary Secretary shall inform each candidate in writing of the candidate s election or nonelection. He shall furnish an elected candidate with a copy of the Rules and Byelaws of the Club, make request for such payments as are necessary and enter the new members name and other details into a Register of Members. Appeal against refusal to elect may be made to the members in a General Meeting. The Committee may invite any distinguished individuals to become Honorary Members of the Club. The resolution of the Committee extending such invitations shall be unanimous. 7 Every member, upon election 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 in accordance with the provision made therefore hereunder. Duties of members 8 Upon election, a new Member shall pay, within one calendar month, such Entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay is shown. Members shall also make an annual payment of fees of such a sum as the Committee shall from time to time prescribe and which shall entitle a Member to spaces in the Club s boat park, pontoon and mooring facilities. A member elected after the first day of September in any year shall pay the Entrance fee if any and the full annual subscription applicable for that year, but that subscription shall cover also their membership for the full calendar year following their election. 9 It shall be the duty of all Members to keep the Honorary Secretary informed of their addresses and of all changes of address and telephone number. The Honorary Secretary shall enter such information into the Register of Members. Any notice may be sent to any Member at his last known address and upon the sending of such notice, the said notice shall be deemed to have been given and received by such Member for any purpose required by these Rules. Temporary Membership 10 All visitors shall be eligible for Temporary Membership. Such membership shall be available for a maximum period of one month during which time the Temporary Member shall have full use of the Club equipment and may participate in all Club races and social activities. A Temporary Member shall have no voting rights at any Club Meeting, be ineligible for any Club Office and be ineligible to receive any perpetual trophy of the Club. He shall receive all Club Notices and a copy of the Club Programme. Applications for Temporary Membership shall be made to the Membership Secretary together with the relevant subscription and fees for the facilities at least one week before the commencement of the requested period of membership or at any other times at the discretion of the Committee. Page 3 of 9

4 11 A member of any club affiliated to the Royal Yachting Association (a list whereof is published by the said Association) may be authorised to use the premises of the Club by any member of the Committee of the Club. Such authorisation shall specify between which dates the said person may use the premises. 12 Any person who is a competitor or crew member in any race sponsored by or on behalf of the Club is entitled to use of the Club premises within a period of 24 hours before and after the race in which they are competing, or for such longer period as may be agreed upon written request. The Honorary Secretary or any other person who has received the authority of two members of the Committee may expel, temporarily or permanently, any person who has the right to use the Club premises only under this Rule. Subscriptions, Arrears and Finance 13 The rate of Entrance and Subscription fee for each category of Membership shall be proposed by the Committee to the Members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following. The current rate of Entrance and Subscription fees shall be prominently displayed in the Club premises. 14 Any Member or Cadet Member resident overseas shall not be required to pay an annual subscription whilst abroad except during each year when he or she returns to England and is able to make use of the privileges of membership. 15 All Annual Subscriptions shall be payable on the first day of January in every year and must be paid by 31st January. No Member may race until his subscription is paid. 16 If any Member shall fail to pay any sum due from him to the Club within two months after demand shall have been made, the Honorary Membership Secretary may thereafter inform the Member that payment is required within fourteen days and if he does not then pay he shall be informed in writing that at the expiry of a further fourteen days his name shall be erased from the books of the Club and he shall thereupon cease to be a Member and shall remove all of his property from the Club s premises. If at any time he shall give a satisfactory explanation to the Committee he may at the discretion of the Committee and upon payment of all arrears due by him be readmitted to membership. In the absence of such satisfactory explanation and payment, the Committee may authorise the removal of any boats, equipment or other property left by the defaulted Member from one part to another of the Club s premises. It shall in those circumstances inform the defaulted Member of the location of their property and of the Committee s intention to dispose of his property after a further one month. If after that one month no explanation and payment satisfactory to the Committee have been received, the Committee shall have the right to dispose of the property in such manner as it deems fit. 17 The financial year shall commence on the 1st day of October. All surplus income or profits are to be reinvested in the club. No surpluses or assets will be distributed to members or third parties. This does not preclude the club from making donations to charities. 18 If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be paid to or distributed among the Members of the Club. 19 Members shall apply for allocation of facilities and pay the relevant charges by the 31st January and these will be allocated on a non-discriminatory basis according to availability and regulations laid down by the Committee. Guests Page 4 of 9

5 20 A Member shall have the privilege of introducing guests into the Club premises so long as that introduction does not interfere with the convenience of Members. A Member may not introduce more than three guests in any one day and shall enter the name and address of each guest in the Visitors Book provided for that purpose and retained on the Club premises. The Member introducing guests shall be responsible for the observance by his guests of the Rules, Byelaws and Regulations of the Club. No guest shall be permitted to stay on the Club premises after the Member introducing such guest has left the premises. No person shall be introduced as a guest on more than six occasions in any calendar year. 21 A Member may on an occasion special to that Member and with the approval of the Committee introduce more than the normally permitted number of guests. In addition, the following may be admitted to the Club premises: i) Persons attending functions organised and supervised by the Club for the purpose of raising money for the Club; ii) Persons attending functions authorised and supervised by the Club and organised by another Club or Association or Individual. Officers and their Duties 22 The officers of the Club shall consist of three Flag Officers, namely a Commodore, a Vice- Commodore and a Rear-Commodore. 23 The senior Flag Officer present shall preside at all Meetings of the Club. 24 It shall be the duty of the Commodore to take command of the Squadron. 25 It shall be the duty of the Vice-Commodore and the Rear-Commodore to assist the Commodore in the discharge of his duties, and in his absence, the senior officer present shall officiate in his stead. 26 In case of any casual vacancy, the Committee may appoint one of themselves or some other Member of the Club to act in any such office as may be vacant until the next Annual General Meeting. Management 27 The Club shall be managed by a Committee consisting of the Commodore, Vice-Commodore, Rear-Commodore, Hon. Secretary, Hon. Assistant Secretary, Hon. Treasurer, Hon. Membership Secretary, Club Captain, Training Officer, Cadet Committee Chairman and seven other Members who shall be elected annually as is hereinafter provided. In the event of a vacancy on the Committee, this Committee may appoint some Member to fill such vacancy. 28 The Committee shall appoint annually a Bar Committee consisting of three Members, at least one of whom shall already be a Member of the Committee, who shall elect their own Chairman to be known as the Bar Secretary. The Bar Committee shall be responsible for the purchase of and supply of liquor on behalf of the Club. 29 Trustees 1 - The number of Trustees shall be not less than two nor more than four. 2 - The Trustees shall be elected by the Club at an Annual General Meeting and they shall respectively hold office until death, resignation, being declared bankrupt or being removed from office by a resolution of the Club at a General Meeting. Page 5 of 9

6 3 - In the event of the death resignation or bankruptcy of a Trustee prior to an Annual General Meeting the Committee may appoint a Trustee in his place who shall hold office until the next Annual General Meeting but such Trustee shall not continue to hold office following the Annual General Meeting unless his appointment is ratified by a resolution of the Club at the Annual General Meeting. 4 - All the property of the Club including land and investments shall be held by the Trustees for the time being in their own name so far as necessary and practicable on trust for the use and benefit of the Club. 5 - All appointments of the Trustees shall be effected by a Deed of Appointment and the Honorary Secretary is hereby nominated as the person to appoint the new Trustees of the Club within the meaning of the Trust Deed Act 1925 but no such appointment shall be made unless a Trustee has been elected under section 2 of this Rule or nominated under section 3 of this Rule. 6 - 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 the 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 directions of the Committee (which shall be duly recorded in the minutes of the proceedings of the Committee) but no purchaser lessee or mortgagee shall be concerned to enquire whether any such direction has been given. 7 - 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 exercise of their duties in 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. 8 - In every contract lease licence or other agreement entered into by the Trustees 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. Organization 30 The Committee shall appoint a Sailing Sub-Committee and a Sailing Secretary and may appoint other Sub-Committees and officials as the Committee think fit and may delegate to such Sub-Committees or officials such part of their duties or powers as the Committee shall think fit. The terms of reference of each Sub-Committee shall be agreed by the Committee. In the event of a disagreement between the Committee and any Sub-Committee, the decision of the Committee shall be final. 31 The Sailing Sub-Committee shall be responsible for all racing aspects of the business of the Club and its Chairman shall be the Club Captain. The membership of the Sub-Committee shall be at the discretion of the Club Captain but shall always include the Class Captains and the Sailing Secretary. The responsibilities of the Sub-Committee shall include handicapping and the preparation of the racing and training programmes. The Sub-Committee shall appoint a Protest Panel, which shall act as the authority for deciding protests. If a Member of the Protest Panel is involved in a protest, he shall be ineligible to sit and the Club Captain shall nominate a substitute. 32 The members of each Class recognised by the Club shall appoint a Class Captain annually. 33 The Committee shall meet from time to time as they think proper. Five of their number shall form a quorum. The Chairman shall have a second or casting vote. A Meeting of the Committee shall be called on the requisition in writing of any three of its members or any eight Club Members. 34 The officers of the Club, the Hon. Secretary, Hon. Assistant Secretary, Hon. Treasurer, Hon. Membership Secretary, Club Captain, Training Officer, Cadet Committee Chairman, and the seven Page 6 of 9

7 other members of the Committee mentioned in Rule 27 shall be elected at the Annual General Meeting in each year either by ballot or by show of hands as the Chairman of the Meeting may decide, provided that the respective offices of Commodore, Vice-Commodore and Rear-Commodore shall not be filled by the same officer for more than two successive years and a Commodore who has served in that office for two years in succession shall not be eligible for election as an officer of the Club until one year shall have elapsed from the date on which he ceased to hold such office. 35 The officers, Honorary Secretary and Honorary Treasurer shall meet at least once each year with the Trustees to review those areas for which Trustees have potential liabilities. 36 The A.G.M. of the Club shall be held in the November of each year for the purpose of electing the Committee and of receiving a Report on the general affairs of the Club and a Financial Statement made up to the 30th September of that year, and of considering any other matters which may be properly brought before that Meeting. 37 Save as otherwise herein provided any Member may bring before the Annual General Meeting any matter of which he shall have given notice in writing to the Hon. Secretary prior to the 15th day of September. The Chairman shall allow such other matters to be discussed as he considers relevant to any matter properly before the said meeting, upon which the Chairman s decision shall be final. 38 The Committee shall call a Special General Meeting on the written requisition of eight members and the Committee shall have the power to do so at any time when they may deem it necessary. Notice in writing shall be given to the Hon. Secretary at the same time of the business to be transacted at such meeting and no other business shall be discussed at such meeting. 39 Notice of every General Meeting shall be given to every Member at least 14 days before the date of the meeting. 40 If thirty Members are present at the commencement of any General Meeting, such meeting shall be a quorum and competent to transact all business before it, except passing a resolution to wind up the Club, when not less than one half of the Members must be present. 41 Every question shall be decided by a majority of the Members present and voting at any meeting at which such question is discussed, save where by these Rules any other majority is required to decide such question. Cadet Members shall not be entitled to vote. The Chairman shall have a second or casting vote at every General Meeting. Alteration of Rules 42 Any Rule may be repealed or amended and any new Rule inserted at any time provided such repeal, amendment or insertion be approved and passed at the Annual or a Special General Meeting of the Members. Notice of the proposed alterations must be given to the Hon. Secretary and the same shall be clearly stated in writing. 43 No alterations shall be proposed at any Annual or Special General Meeting unless one month shall have elapsed between the date of the giving of such notice and the date of the General Meeting. Resignation and Expulsion of Members 44 Any Member may resign his membership by giving notice in writing to the Honorary Secretary to that effect but such Member shall be liable in addition to all arrears and other monies (if any) due from him to the Club to pay the Subscription due for the year in which such notice is given. Page 7 of 9

8 45 It shall be the duty of the Committee if at any time they shall be of the opinion that the interests of the Club so require, by letter to invite any member to resign his membership or to withdraw from the Club within a time specified in such letter, and in default of such resignation or withdrawal to submit the question of his expulsion to a Special General Meeting to be held within six weeks after the date of such letter. At such meeting, the Member whose expulsion is under consideration shall be allowed to offer an explanation of his conduct verbally or in writing and if thereupon two-thirds of the Members present and voting shall vote for his expulsion, he shall thereupon cease to be a Member. Provided that the voting of any such Special Meeting shall be by ballot and not by show of hands. It shall be in the power of the Committee to exclude such Member from the Club premises and from all the privileges of the Club until such Special General Meeting shall be held. For less serious infringements of the Rules & Byelaws of the Club, the Committee shall have the power to suspend a Member for a period of up to 4 weeks. 46 If any Member be convicted of any grave or heinous offence or be guilty of conduct prejudicial to the interests or welfare of the Club or be adjudged a bankrupt he shall thereupon cease to be a Member, and forthwith vacate any office he holds, but the Committee shall have the power in their sole discretion to reinstate him and the Member shall have recourse to appeal as under Rule Notice of a meeting to consider the expulsion of a Member shall be sent to every Member at least fourteen days before the date fixed for such meeting and shall state broadly the cause of complaint against such Member. No other complaint shall be brought forward against such Member, than is stated in such notice. 48 A Member shall upon ceasing to be a Member forfeit all his rights to the property and funds of the Club. Vote of majority to bind 49 The votes of the majority of Members present and voting at any meeting shall bind all Members; and where by these Rules the vote of any certain majority is required, such vote, if the required majority be obtained, shall have the like effect. Rules of Racing 50 All sailing races shall be sailed under the International Rules for the time being as adopted by the Royal Yachting Association of Great Britain and as modified and supplemented by the Committee. Powers of General Committee 51 The Committee shall have power from time to time to make Byelaws for regulating those matters which are of general benefit and well-being of the Club and Members and to vary and rescind the same. Club Licence 52 Intoxicating liquor shall only be supplied on the Club premises to persons who are not under the age of 18 and who are either:- (a) Members of the Club or (b) Guests of Members introduced under Rule 20, or (c) Members of teams and officials taking part in and the organisation of sailing or allied activity involving the participation of the Club, or (d) Persons referred to in Rule 20, limited to 12 functions in any calendar year, or (e) Servants of the Club. 53 An officer of the Club shall give written notice to the Local Authority and the Police of any function to be held off the club s premises or where alcohol will be supplied to the public. Page 8 of 9

9 54 Payment may be received for the supply of intoxicating liquor only from persons referred to in Rule 52. If any other person shall make payment, he shall forthwith be expelled from the Club premises. 55 The purchase of intoxicating liquor for supply by the Club shall be at the absolute discretion of the Committee. 56 The permitted hours for the supply of intoxicating liquor shall be from a.m. to p.m. on weekdays and Saturdays, and from 12 noon to p.m. on Sundays and Good Friday. On New Year s Eve, except on a Sunday, 11 a.m. to 11 p.m. c) On New Year s Eve on a Sunday, 12 noon to p.m. On New Year s Eve from the end of permitted hours to the start of permitted hours on the following day. On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the chief executive of the justices for the petty sessions area in which the premises are. The hours shall: not exceed six and a half hours; not begin earlier than 12 noon; not end later than p.m. provide for a break of at least 2 hours, including 3 p.m. to 5 p.m.; not extend for more than three and a half hours after 5 p.m.. 57 No person shall at any time be entitled to receive at the expense of the Club or any Member thereof any commission percentage or similar payment on or with reference to the purchase of intoxicating liquor by the Club, nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club. Data Protection 58 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 Data Protection Act Page 9 of 9