Medley Sailing Club, Oxford
Rules December 2018
Section 1: Name and Objects
The name of the Club shall be the Medley Sailing Club, Oxford (hereinafter referred to in these rules as the Club). The Club Burgee shall be green with a horizontal light blue stripe.
The purposes for which the Club is formed are to promote the sport of sailing and dinghy racing and to provide social and other facilities for members as may be from time to time. The Club is a non-profit making organisation. All profits and surpluses will be used to maintain or improve the club’s facilities. No profit will be distributed.
Section 2: Officers
2.1 Officers of the Club
The Officers of the Club shall be Full members of the Club and shall consist of a Commodore, Vice- Commodore, Rear- Commodore, Secretary, Treasurer, Racing Secretary, Membership Secretary.
Commodore, Vice Commodore, Rear Commodore, Racing Secretary, Membership Secretary shall be elected at an Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting each year.
The Treasurer shall be elected at the first Annual General Meeting and thereafter every second year.
The Secretary shall be elected at the second Annual General Meeting and thereafter every second year
All Officers of the Club shall be eligible for re-election, except the office of Commodore shall not be held by the same person for more than three consecutive years but he/she shall be eligible for re-election after an interval of not less than one year.
2.2 Duties of Secretaries etc.
The Secretary (and/or the Membership 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 any 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. In the absence of the Secretary minutes may be kept by some other person appointed by the Chair, copies of such minutes shall be made available to the Secretary.
(e) Maintain contact with the Club’s Legal Advisor to ensure that the Club’s affairs are managed in accordance with current law.
(f) Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.
2.3 Duties of Treasurer
The 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 the finances of the Club.
b) Cause all returns as may be required by law in relation to such accounts to be rendered in due time.
c) Prepare an Annual Balance Sheet as at the 30th September in each year and cause such Balance Sheet (and accounts as necessary) to be reviewed at least once annually and shall thereafter cause the same to be exhibited in the Club premises at least fourteen days before the date of the Annual General Meeting.
d) Present the Annual Balance Sheet to the Club at its Annual General Meeting.
e) Administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Officers and its members.
2.4 Duties of Honorary Auditors
The Honorary Auditors shall: -
a) Be appointed at the Annual General Meeting in each year and shall be two appropriately experienced/ qualified members of the Club other than the Treasurer or Committee members.
b) The Hon. Auditors shall review the accounts and Annual Balance Sheet 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 either 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
3.1 Categories and Votes of Members
The following categories have Full Membership of the Club:
a) An ORDINARY MEMBER – being a person who, at the date of election, shall have attained the age of Twenty-Six years shall have one vote.
b) A FAMILY MEMBER – which expression shall include one or two co-habiting adults and all children within their guardianship under eighteen years of age. The family unit shall have one vote per adult.
A child under the age of eleven may only be a member of the Club as part of a family membership group. Use of the Club facilities and participation in the Club events is conditional on direct supervision by a parent or guardian, who will be solely responsible for the Members care and safety. The Club will not assume any responsibility for a Member under the age of eighteen.
c) An ORDINARY MEMBER (18-26) – being a person who, at the date of election is between the ages of Eighteen and Twenty- Six shall have one vote.
d) An HONORARY MEMBER – being a full member of the Club shall have one vote.
3.2 Associate Membership
The total number of Junior and Temporary members shall not exceed 15% of the number of Members eligible to vote.
a) A JUNIOR MEMBER – being a person who, at the date of election, is between the ages of Eleven and Eighteen shall have no vote.
Such a member shall be one who at the commencement of the subscription year joins the Club other than as a Full or Family Member.
While Medley Sailing Club is committed to encouraging children and young people to take up sailing it is unable to make special provision for unaccompanied children, although it is aware of the need to exercise due diligence where children are concerned.
The Rule and Bylaws concerning Junior Members are designed to provide some protection against the risks associated with dinghy sailing.
A Junior Member’s continued membership of the Club depends on these rules being obeyed.
b) A RETIRED MEMBER – being a member who has held full membership for at least seven years and who no longer sails, who shall have no vote.
c) A TEMPORARY MEMBER – who shall have no vote.
Rights and privileges of Members
3.3 The rights and privileges of each category of membership shall be as follows: -
a) An ORDINARY MEMBER shall have full use of all the Club facilities and be granted a key to the club compound.
b) A FAMILY MEMBER his/her co-habitee (if any) and all the children within their guardianship under the age of eighteen shall have full use of all the Club facilities subject only to rule 7.1 and be granted one key per family to the club compound.
c) An ORDINARY MEMBER (18-26) shall have full use of all the Club facilities and be granted a key to the club compound.
d) An HONORARY MEMBER shall have full use of the Club facilities and be granted a key to the club compound.
e) A JUNIOR MEMBER shall have the full use of all the Club facilities subject to Byelaw 12.
f) A RETIRED MEMBER shall have use of the Club house facilities.
g) A TEMPORARY MEMBER (which expression may include members of another RYA recognised Club or organisation) shall have full use of the Club facilities but:
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 part in the management of the Club.
4. Is deemed to have notice of and impliedly undertakes to comply with the Club Rules and any Bylaws or Regulations as if he or she were a member of the Club and so far as the said Rules, Bylaws and Regulations may be deemed to apply to such a Temporary Member.
5. Shall be liable to be expelled from the Club premises or 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.
6. No right to helm boats owned by the club.
Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or premises.
3.4 Membership Entrance and Subscription Fee
The rate of entrance, subscription and berthing fees shall be determined by the Committee for each category of membership and shall be notified to the members during December in each year. The rates shall become operative on the first day of January in the year following.
The current rate of Entrance, Subscription and Berthing fee shall be prominently displayed in the Club premises.
a) Membership of the Club shall be open to anyone interested in the sport of yachting on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may however be limited according to available facilities on a non-discriminatory basis.
b) Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating.
c) The Club Committee may refuse membership or, subject to Rule 4.1, 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.
d) An annual boat berthing fee shall entitle a member to store his or her boat within a space in the Club’s boat park (see Byelaw 3).
e) Members shall pay the Entrance fee (if any) and their first annual subscription upon election to the Club and thereafter on the first day of January in each year (see Rule 3.7).
f) A deposit may be charged for the provision of a key to the Club compound (see Rule 3.10).
g) Members who transfer between membership categories on the basis of age shall not pay any additional fees as a result of such transfer until the following year. Members who make other transfers between membership categories shall make such additional payment, not exceeding the difference between the fees for the new membership category (including joining fees if applicable) and the fees for the previous category, as the committee shall decide.
h) Entrance, subscription and berthing fees are non- refundable.
3.5 Members’ duty to provide an up to date address
Every member shall furnish the Membership Secretary with an up to date postal and email (if available) address which shall be recorded in the Register of Members and any notice sent to such address shall be deemed to have been duly delivered.
3.6 Application for Membership
All candidates for Ordinary, Family, Ordinary (18-26), Junior, or Temporary membership shall be proposed and seconded by Full Members of the Club. An application shall be in the form from time to time prescribed by the Committee, and shall include the name address, and occupation of the applicant.
3.7 Election of Members
Upon receipt of an application for membership, the Membership Secretary shall enter such application in a Register of Applicants. The application shall be displayed prominently in the Club premises for at least seven days before the meeting of the Committee at which such application for membership shall be considered.
The election of all classes of membership (except Honorary) is vested in the Committee and shall be a simple majority vote of those of the Committee.
The Committee may refuse applications only for good cause such as conduct or character likely to bring the club into disrepute.
The Membership Secretary shall inform each applicant in writing of the applicant’s election or non-election. He shall furnish an elected applicant with a copy of the Rules and Bylaws of the Club and make request for such payments as are necessary.
Appeal against refusal to elect may be made to the members in a General Meeting
3.8 Payment of Fees upon election
a) Upon election, an applicant 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 be shown.
b) Provided that a member elected after the first day of June in any year shall pay half the annual subscription applicable for that year and that a member elected after the first day of November in any year shall not be required to pay any subscription in respect of the year of election, but shall pay, on election, the Entrance fee and the annual subscription in respect of the year following election.
3.9 One year’s temporary absence of member
A member who, for any reason, anticipates inability to use the Club or its facilities for the whole of one year shall be excused payment of the annual subscription and other annual fees provided that notice in writing is given to the Membership Secretary before the last day of November in the previous year. A member wishing to be reinstated during the year in question shall pay such portion of the annual subscription as the Committee shall require.
3.10 Resignation of a member
A member desirous of resigning from membership shall give notice in writing to the Membership Secretary before the last day of November and shall not then be liable to pay the subscription for the following year.
If the member has paid a deposit and received a key giving access to the Club’s facilities, they must return the club key by the same date as above. A member complying with this deadline shall have their deposit refunded in full.
A member who resigns in accordance with this rule shall not be entitled to have any part or the annual membership fees refunded, except the key deposit.
3.11 Re-application for Membership
Upon re-application by a past member who left the Club less than twelve months before the date of re-application. The Committee may at its discretion, waive any Entrance Fee.
3.12 Arrears of Subscription
The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than one months in arrears provided that the Committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payment is in arrears may enter any Club event or regatta or vote at any meeting.
Section 4: Conduct of Members
4.1 Undertaking by members to comply with rules
Every member, upon election and thereafter, is deemed to have notice of and undertakes to comply with, the Club Rules and any Bylaws and Regulations of the Club.
4.2 Disciplinary action against members
Any breach of Rule 4.1 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 disciplinary action by the Committee, which may include suspension for a specified period of time or expulsion.
Before taking such action against 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 resigning.
A resolution to apply any sanction shall be carried by a simple majority vote by those members of the Committee present and voting on the resolution.
Appeal against suspension/expulsion may be made to the members in General Meeting.
Upon suspension/expulsion the member/former member shall not be entitled to have any part of the annual membership fee refunded and must return any Club or external body’s trophy or trophies held forthwith’ Upon expulsion of a member, the Committee may dispose of the former member’s boat and/or trailer in accordance with Bylaw 4.
4.3 Guests at the Club
Members shall enter the names of all guests in the Visitor’s Book. Not more than three guests may be introduced in any one day, except as specifically approved for the exceptional event by the Committee and the same guest may not be introduced more than six times in any calendar year.
4.4 Damage to Club property
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.
4.5 Exhibiting of notices
A member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of the Secretary. The Secretary may delegate the control of particular notice boards to other members of the committee.
4.6 Settlement of Accounts
A member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any bylaw relating to the settlement of such indebtedness.
Complaints of any nature relating to the management of the Club premises shall be addressed in writing to the Secretary.
4.8 Members of other RYA Clubs
A member of any Club affiliated to the Royal Yachting Association (a list of which 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 so use the premises.
4.9 Competitors in Club Races
Any person who is a competitor or crew member in any race sponsored by or on behalf of the Club is entitled to the use of the Club premises within a period of 3 hours before and after the race in which they are competing.
4.10 Power to expel those admitted under rules 4.8 and 4.9
The Secretary or any person who has received the authority of two members of the Committee, may expel, temporarily or permanently, any person who has the right to the use of the Club premises only under only under Rules 4.8and 4.9.
4.11 Limitation of Club Liability
All references to the Club in this Rule shall mean each and every individual member of the Club from time to time. Members are bound by the following Rule which shall also be exhibited in a prominent place within the Club premises: -
Members of the Club 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.
b) The Club will not accept any liability for personal injury arising out of the use of the Club premises or any other facility of the Club, either sustained by members or caused by the said members whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default, or negligence of any of them, the Officers, Committee, Trustees or Servants of the Club.
c) Parents and guardians are warned that the Club is unable to provide rescue facilities.
Parents and guardians have sole responsibility for their children and wards and must appreciate that the Club cannot be expected to exercise supervision or control. Even during Club racing, rescue facilities cannot be provided and the Club cannot accept responsibility for children, or any other persons, whether racing or not.
4.12 Data Protection
Personal data of members is held and processed under the Club's Data Protection Policy, which has been drawn up in accordance with the provisions of the General Data Protection Regulation 2018.
Section 5: Management Committee
5.1 Constitution of Committee
The Management Committee of the Club (here in referred to as ‘the Committee’) shall consist of the Officers, ex officio, a club house manager and not less than one or more than four Full Members (who have attained the age of eighteen years) elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.
5.2 Retirement of members of the Committee
At the Annual General Meeting each year, no full members shall serve in this capacity for more than two years consecutively. Except the Club House Manager who may continue to serve if re-elected.
5.3 Candidates for election to Committee
Candidates for election to the Committee (not being Officers of the Club) shall be those members of the retiring Committee eligible to offer themselves for re-election and such other Full member whose nominations (duly proposed and seconded in writing by Full members of the Club) with their consent shall have been received by the Secretary at least twenty- eight days before the date of the Annual General Meeting in each year. Such nominations, together with the names of the proposer and Seconder shall be posted in the Club premises at least fourteen days prior to the date of the Annual General Meeting.
5.4 Election of Committee by ballot
If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.
5.5 No contest for election
If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.
In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
5.6 Casual vacant
If for any reason, a casual vacancy shall occur, the Committee may co-opt a Full member to fill such a vacancy until the next following Annual General Meeting. the Committee shall also have the power to co-opt additional members at its discretion.
5.7 Retiring Commodore
A retiring Commodore shall serve as a member of the Committee in the year immediately following his retirement and shall have no vote.
5.8 Committee meetings
The Committee shall meet at least every four months making such arrangements as the conduct, place of assembly and holding of such meetings as it may wish. The Commodore or in his absence a Chairman elected by those present shall preside.
5.9 Voting at committee
Voting (except in the case of a resolution relating to the expulsion of a member) shall be by a show of hands. In the case of equality of votes the Commodore or Chairman (as the case may be) shall have a second casting vote.
Four members personally present shall form a quorum at a meeting of the Committee.
Section 6: Powers of the Committee
6.1 Management of the Club by Committee
The committee shall manage the affairs of the club according to the rules and shall cause the funds of the club to be applied solely to the purposes of the club or a benevolent or charitable purpose nominated by general meeting. In particular, the Committee shall ensure that the property and funds of the Club will not be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and that all surplus income or profits are re-invested in the Club.
6.2 Appointment of sub-committees
The Committee may appoint such sub-Committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-Committees shall consist of such members of the Committee or of the Club as the Committees may think fit. Officers of the Club shall be ex officio members of all such sub-Committees.
6.3 Disclosure of interest to third parties
A member of the Committee, of a sub-Committee or any officer of the Club, in transacting business for the Club, shall disclose to third parties that he is so acting.
6.4 Limitation of Committee’s authority
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 contracts only as far as expressly authorised, or authorised by implication, by the members.
a) No one shall, without the express authority of the membership in General Meeting, borrow money or incur debts on behalf of the Club or its membership.
b) Contracts with a value in excess of two hundred pounds (or such a sum being not less than two hundred pounds as the Committee shall from time to time determine) must be signed by two officers of the Club.
6.5 Members’ indemnification of Committee
In pursuance of the authority vested in the Committee by members of the Club, members of the Committee shall be indemnified by the members of the Club out of the assets of the Club from and against any liability, costs, expenses or payments whatsoever which may be properly incurred or made by them or any one of them in the exercise of the duties on behalf of the Club wherever the contract is of a duty authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club.
Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or payments the Committee shall be entitled to a personal indemnity from the individual members of the Club.
The limit of any individual members’ indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.
6.6 Contractual Liability
The Committee shall endeavour to ensure that the following clause is incorporated in every contract, lease, licence or other agreement entered into by the Committee and/or Trustees of the Club, as appropriate.
“The liability of the [Committee/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.”
6.7 Nomination of Honorary Members by the Committee
The Committee may nominate for election at an Annual General Meeting such Honorary
Members as the Committee may think fit.
The election of Honorary Members shall be put to the vote at the Annual General Meeting
each year and such Honorary Members shall be duly elected if two thirds of those present,
and entitled to vote, vote in favour of election.
The Club may adopt such Bylaws or Regulations as it considers appropriate for the good management of the Club and its facilities.
a) The Committee shall make, repeal or amend such Bylaws 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 changes shall then remain in force unless set aside by a vote at a General Meeting of the Club.
b) On receipt of a written request, addressed to the Secretary by at least ten full members of the Club and received within fourteen days of the date of exhibition of a change in the Bylaw, the text of any proposed change shall be sent by post to all members of the Club. The proposed change shall not then be implemented until fourteen days after the date of the posting.
c) If before the date of implementation of a change in the Bylaws a request to call a Special General Meeting (as described in Rule 9.3) to oppose the change is received the change in the Bylaws shall not come into force unless and until it is approved at a General Meeting.
Section 7: Purchase and Supply of Excisable Goods
7.1 Purchase and Supply of Excisable Goods
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.
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 Roles, Bylaws and Regulations for the time being in force. No Junior Members under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the Club premises nor may a Junior Member under the legal age purchase or attempt to purchase tobacco or cigarettes within the Club premises.
7.2 Hours of Sale of Excisable Goods
The Committee shall cause the Club bar to be opened (subject to terms of the Club premises certificate) 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.
7.3 Profits from Sale of Excisable Goods
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 supply 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.
7.4 Accounts relating to Excisable Goods
Proper accounts of all purchased and receipts shall be kept and presented at the Annual General Meeting in each year and such information as the Secretary or Reviewers may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty to tax to be made.
Section 8: Trustees
8.1 Number of the Terms of Reference
There shall be at least three Trustees of the Club who shall be appointed from time to time as necessary by the Committee of the Club from among, Full, Family, Social and Honorary Members who are willing to be so appointed.
A Trustee shall hold office until he/she shall resign by notice in writing given to the Committee or until a resolution removing him/her from office shall be passed at a meeting of the Committee by a majority comprising two-thirds of the members present and entitled
8.2 Property of Club vested in Trustees
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 event of the death, resignation, or removal from office on 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 news Trustees of the Club within the meaning of Section 36 of the Trustee Act 1925 and he/she shall by Deed duty appoint the person or persons so nominated by the Committee.
8.3 Powers of Trustees
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 mortgagee shall be concerned to enquire whether any such direction has been given.
8.4 Indemnity of Trustees from Club
In pursuance of the authority vested in the Trustees by the members of the Club, the Trustees shall be indemnified by the members of the Club out of the assets of the Club from and against any liability, costs, expenses or payments whatsoever which may be properly incurred or made by them or any one of them in the exercise of the 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.
Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or payments the Trustees shall be entitled to a personal indemnity from the individual members of the Club. The limit of any individual member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of that category of membership unless the Trustees have been authorised to exceed such limit by a General Meeting of the Club.
Section 9: Meetings of the Club
9.1 Annual General Meeting
An Annual General Meeting of the Club shall be held each year in the month of December on a date to be fixed by the Committee. The Secretary shall at least fourteen days before the date of such meeting post or deliver to each member notice hereof and the business to be brought forward there at.
9.2 Business at Annual General Meeting
No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees and Reviewers, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Secretary at least forty-two days before the date of the Annual General Meeting.
9.3 Special General Meeting
The Committee may at any time, upon giving twenty- one days’ notice in writing, call a Special General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.
9.4 Special General Meeting upon request of Members
The Committee shall call Special General Meeting upon a written request addressed to the Secretary by at least ten members. The SGM must be called within 31 days of a request.
The Committee shall give twenty- one days’ notice in writing of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
9.5 Chairman at Meetings
At every meeting of the Club the President or the Commodore or, in their absence, a Chairman elected by those present shall preside.
9.6 Quorum at Meetings
Fifteen members entitled to vote and personally present shall form a quorum at any meeting of the Club.
9.7 Entitlement to Vote at Meetings
Only Full members shall vote at any meeting of the Club. Other members may attend but are not entitled to vote.
9.8 Voting at Meetings
Voting, except upon the election of members of the Committee, shall be by show of hands.
9.9 Equality of Votes
In the case of an equality of votes the Chairman shall have a second or casting vogte,on any matter other than the election of members of the Committee.
9.10 Voting on Rule Change
On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule, Bylaw or Regulation of the Club such Rule, Bylaw or Regulation shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.
Section 10: Dissolution of the Club
10.1 Dissolution of the Club
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 not be paid to or distributed amongst the members of the Club. The Committee shall dispose of the net assets remaining to one or more of the following: (i) to a charity and/or (ii) to another Club with similar sports purposes and/or (iii) to the sport’s national governing body for use by it for related community sports.
1. Opening of Club premises
The Club premises shall be open to members at such times as the Committee shall direct.
The permitted hours for the supply of intoxicating liquor are as documented in the Club Premises Certificate granted under the Licensing Act 2003 subject to any restrictions imposed from time to time by the Licensing Authority.
2. Security of Club premises
The security of the club house and compound is a matter of particular concern. Any member of the Club that has a key to the club house or compound, when leaving either, must first determine whether he/she is leaving the compound or club house unattended by another member who possess a key. In the event that he/ she is leaving the compound unattended he/she must ensure that the club house and outbuildings, doors and windows are secured and or locked, and that the main gate is locked. Members leaving the compound to sail must take the same precautions to ensure that the compound is secure while they are sailing.
3. Boats and/or trailers
Full Members and Junior Members may store sailing dinghies within the boat park, subject to the availability of space and on payment of the appropriate fee.
a) No member shall bring a boat into the compound unless a boat park space has been allocated to them by the Rear Commodore.
b) Junior Members shall be allowed one berth at a concessionary rate, except that such members who are part of a family membership group shall not be so entitled.
4. Abandoned Boats and/ or trailers
If at any time, any fees payable to the Club by any member or former member (whether by way of arrears of subscription or facilities fees, dinghy park fees or otherwise) shall be three months or more in arrears and/or a boat and/or trailer the property of a member or former member remains upon the Club premises three months or more after the club has given the member or former member notice to remove the vessel then the member or former member shall remove the boat and/or trailer from the Club immediately. If a member or former member fails to remove the boat and/or trailer, then the Committee may: -
a) Move the boat and/or trailer to any part of the Club premises without being liable for any loss or damage howsoever caused.
b) Give one months notice in writing by registered post to the member or former member at his last known address as shown in the Club Register and there sell the boat and/or trailer and deduct any monies due to the Club from the net proceeds of sale before accounting for the balance (if any) to the member or former member.
c) Alternatively, if the boat and/or trailer is unsaleable, after giving notice in writing as aforesaid, dispose of the boat and/or trailer in any manner the Committee may think fit and deem the cost of doing and any arrears as aforesaid to be debt owing to the Club by the member or former member.
d) The Club reserves the right to charge storage for the boat and/or trailer until such time as the owner collects the boat and/or trailer or until notice has been served under Bylaw 4(b) above.
e) PROVIDE 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 boat and/or trailer is sold, if the Club is unable to account to the member or former member for the balance of the proceeds of sale pursuant to Bylaw 4(b) above then the balance of the proceeds of sale shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he/she be the said member or former member or otherwise) for a period of six years.
In addition to Bylaw 4 the Club shall at all times have a lien over members’ or former members’ boats and/or trailers parked on the Club’s premises in respect of all monies due to the Club, whether in respect of arrears of facilities fees or subscriptions or otherwise and shall be entitled to retain possession of the boat and/or trailer until such time as all monies due to the Club have been paid in full.
6. Storage of Equipment
All equipment stored in the Club’s facilities shall be marked with the owners name in a prominent position.
The Committee reserves the right to remove clothing and personal equipment left unattended in the club house, changing rooms or other parts of the Clubs facilities.
A limited number of road trailers may be stored in the Club’s facilities with the permission of the Rear Commodore and on payment of the appropriate fee.
Members must not store fuel or other flammable fluids, use naked flames or smoke within the boat shed.
7. Buoyancy aids and insurance.
All competitors shall wear a properly secured buoyancy aid and carry appropriate third party insurance (as described in the racing instructions) during Club races.
Members under the age of eighteen shall wear a properly secured buoyancy aid and carry appropriate insurance at all times when afloat from the Club.
8. Service Launch
No person under the age of 12 years shall be in the service launch during a race except as a rescued person.
The composition of the service launch crew is at the discretion of the nominated helmsperson with a total complement of not more than three persons.
9. Duties of members
The Committee may at its sole discretion assign duties to Full and Family Club members.
All Club members allocated duties shall do their designated duties or find a substitute.
10. Control of animals.
No animals may be brought into Club premises without Committee permission.
11. Control of vehicle parking
Vehicles may only be parked in areas designated for parking by the Committee.
12. Junior Members
Junior Members who are not part of a Family Membership group are only permitted to remain as Members of the Club subject to the Bylaws below.
Junior Members who are part of a Family Membership group but who are not under the direct supervision of their parents or guardians may only sail at the Club subject to this Byelaw (a) and (d) to (h).
a) Parents or guardians have sole responsibility for their children or wards and must appreciate that the Club cannot be expected to exercise supervision or control.
Parents and guardians are warned that the Club is unable to provide rescue facilities at anytime.
b) Junior Members must provide evidence of their own ability to swim such as a school certificate.
c) Junior Members will initially be admitted to the Club for a period not extending beyond the season in which they joined. Continued membership beyond that time is contingent on their successful completion of a RYA 2 training course.
d) In Club events, such as races, Junior Members may only sail as part of a crew in the company of a Full Member of the Club unless they have obtained a RYA 2 qualification, in which case they may sail single handed.
e) Committee members will be the only source of advice and information for Junior Members, particularly on the advisability of participating in Club events.
f) A junior Member may only sail a boat belonging to the Club with the permission of a Committee Member.
g) When a Junior Member first contravenes any of these rules, he/she will receive a formal warning. On any subsequent occasions that the Junior Member contravenes these rules the Committee will consider their expulsion from membership of the Club as described in Rules7 and 18.
h) The Club reserves the right to terminate Junior Membership at any time should their continued Membership be judged by the Committee to be damaging to the interests of the Club or its Members.
13. Use of Clubhouse by Members for non-MSC events.
The Committee will consider reasonable requests for the use of the Club house and facilities for non-sailing events.
The Committee will assess the benefit or otherwise of the event to the Objects of the Club, such as publicity. The Committee will assess the benefit and convenience to Members participating in the event and to the wider Membership. The Committee will assess the risks of the event to personal and Club property and to people. The risk assessment is only to help the Committee decide whether or not to sanction a proposed event and does not in any way amend Rule 4.11 relating to Limitation of Club Liability.
a) Only Full Members may apply to the Committee to use the Club house for a nonsailing event
b) The person applying to the Committee is the Event Organiser.
c) The Event Organiser should write to the Committee (letter or e-mail) outlining what is intended, the reason for the event, the number of guests to be invited, the date of the event, the time of the event and any information which might be considered useful or prejudicial to the interests of the Club.
d) The event should not conflict or detract in any way with the Objects or events of the Club and the Club is to remain available for the use of Members at all times.
e) The Committee shall retain the right to approve or not approve the request and shall reply to the Event Organiser with any conditions in writing in addition to those listed within the Rules and Bylaws of the Club or give reasons for declining.
f) There shall be a contribution to the Club house management funds as determined by the Committee to cover the use of the Club house facilities, (gas, water, cutlery, crockery, etc.). Dependant on the assessment of the contribution the event makes to the Objects of the Club, the Committee may decide to waive this contribution.
g) All food and drink except water are to be supplied by the Event Organiser.
h) All Members should be made welcome to join in but the event does not need to be advertised amongst Club Members unless the benefit to the Club is publicity.
i) The Club rules and bylaws shall be observed by all guests and the Event Organiser is responsible to the Club for all guests. Attention is drawn to Rule 4.4 Damage to Club Property and Rule 4.11 Limitation of Club Liability. Smoking is not allowed in the Club house or any other Club building.
j) Unless specifically sanctioned by the Committee, the Event Organiser must be present throughout the event.
k) The Event Organiser is responsible for leaving the Club house clean and tidy, cutlery and crockery washed and observing all the usual Club rules relating to turning off gas and locking up a detailed in Byelaw 2.
The Members acknowledge that these Rules and Byelaws constitute a legally binding contract to regulate the relationship of the members with each other and the Club.