Portishead Yacht & Sailing Club

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Training Saints
Membership Rules

PORTISHEAD YACHT & SAILING CLUB RULES

(REVISED AFTER AGM IN DECEMBER 2015)



           

 

SECTION 1 – NAME AND PURPOSE   

Name

       

1/1

       

The name of the Club shall be ‘Portishead Yacht and Sailing Club’ (hereinafter referred to in these rules as the Club) and its headquarters shall be at the Sugarloaf Beach, Belton Road, Portishead, BS20 8DR. The burgee of the Club shall be pale blue with a broad blue chevron on a white chevron with apex pointing towards the staff.

Purposes and objectives of the Club

       

1/2

       

The principal purpose for which the Club is formed is to promote and facilitate community participation in the sport of sailing and to provide social and other facilities and activities for members as may from time to time be determined.            .

   

SECTION 2 – OFFICERS and APPOINTEES

Officers of the Club

       

2/1

       

The Officers of the Club shall     be Single, Family, or Life members of the Club and shall consist of a Commodore, a Vice Commodore, a Rear Commodore, an Honorary Secretary and an Honorary Treasurer, who shall be elected at the Annual General Meeting in each year, to hold office until the conclusion of the next Annual General Meeting

 

2/1/1

       

A member shall be eligible for election to the same office for a maximum of two consecutive years.

           


           

       

           

2/1/2

       

The General Committee shall be empowered to make a proposal to the Annual General Meeting that,notwithstanding Rule 2/1/1 a member may stand for re-election to a particular office for subsequent terms after the second anniversary of his/her original election to that office and the Club may accept such a proposal.

           


           

       

2/1/3

       

           

No candidate for election to any office (other than retiring officers) shall be proposed unless the name of such candidate (with his/her written consent) and his/her     proposer and seconder shall have been sent to the Honorary Secretary before 1st October preceding the Annual General Meeting.

           

 

           

Duties of Hon. Secretary, Hon             Treasurer, Membership Secretary and Auditor   

Duties of Honorary Secretary

2/2       

               

       

The Honorary Secretaryshall:   

a) Conduct the correspondence of the Club;       

b) Keep custody of all Club documents;       

c) Keep full minutes of all meetings of the Club, General Committee and Sub-Committees which shall be confirmed and signed by the appropriate Chairperson upon agreement of the General Committee and Sub-Committees at the next following meeting of the General Committee or Sub-Committee.

d) Maintain contact with the Club’s Legal Advisor to ensure that the Club’s affairs are managed in accordance with current law.

e) Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.       

Duties of Honorary Treasurer

       

2/3

       

The Honorary Treasurer shall:           

a) Cause such books of account to be kept as are necessary to give a true, accurate 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 set of Annual Accounts as at 31st August in each year and cause such accounts 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 Accounts to the Club at its Annual General Meeting.

e) Administer such insurance policies as may be needed to fully protect the interests of the Club, its officers and its members       

Duties of Membership Secretary

2/4

The Membership Secretary shall:

           

  1. Keep a register of Club members’ names, addresses and contact details.
  2. Deal with all applications and liaise with the Honorary Treasurer in the collection of fees etc.               

Appointment of Auditor

       

2/5

       

An Auditor shall:           

a) Be appointed at the Annual General Meeting in each year whose duty shall be to audit the accounts of the Club for the then coming year and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or by the General Committee.

b) In the event of the person appointed as Auditor being unwilling or unable to act, the General Committee shall appoint a substitute to hold office until the termination of the next Annual General Meeting                

           

 

SECTION 3 – MEMBERSHIP   

Categories, rights, privileges and votes of members

3/1

There     shall be the following categories of membership with the power to vote at all meetings of the Club as indicated hereunder.

           

3/1/2   

Single Member’ – being any member 18 years of age and over on the 1st January who shall be entitled to the full amenities of the Club

       

3/1/3

Family Member’ - being up to two co-habiting adults and their children under 18 years of age, or under 21 years if in full time education, on the 1st January. A Family Member, if over the age of 18 years on the 1st January, is entitled to the full amenities of the Club

           


           

       

3/1/4

       

Junior Member’ - being any member under 18 years of age on the 1st January. A Junior Member shall be entitled to the full amenities of the Club subject to exceptions listed in the Rules. Membership for children under 16 years of age includes non-sailing guardian who will be considered an Associate Member.

           


           

       

           

3/1//5

       

Student Member’ being any member 18 years of age or over and under 25 years of age on the 1st January and in full time education. The annual membership fee of a Student Member shall be 50% that of a Single Member. A Student Member is entitled to the full amenities of the Club subject to exceptions listed in the Rules.

       

           


           

       

3/1/6

       

Associate’ membership may be granted at the discretion of the General Committee to members who normally do not wish to sail but wish to be kept in touch with the Club. Should an Associate Member sail at the Club more than six times in any one year he/she shall be required to pay a subscription equal to that of a full member.

           


           

       

3/1/7

       

Temporary’ membership (which expression may include members of another RYA recognised Club or organisation) may be granted by the General Committee and shall be for no more than 14 days. The Temporary membership fee shall cover the full use of the Club premises,             including an allocated boat space. Temporary Members must abide by Club Rules. Such persons have no right to introduce visitors to the Club or the facilities thereof.   

           


           

       

3/1/8

       

Life Membership by Subscription’ has been granted to past founding members. It is no longer available to other or new members of the Club. A Life Member by Subscription is entitled to the full amenities of the Club.   

           



3/1/9

Honorary Life’ membership may, on the recommendation of the General Committee, be granted at a General Meeting by a majority vote. An Honorary Life Member under this Rule is entitled to the full use of the Club’s facilities and includes the waiver of an annual subscription fee and the cost of one boat storage space (if applicable). An Honorary Life Member shall be subject to all Club rules as for an Ordinary Member.   

           


           

       

3/1/10

       

Honorary’ membership may be granted by the General Committee; the total number of such Honorary Members shall not at any time exceed five     percent of the total of all members. Such members shall be until the next Annual General Meeting and are entitled to use the Club facilities for a given period of time.

           


           

       

3/1/11

       

Block’ membership may be granted by the General Committee to members of any bona fide organisation that the Committee considers will benefit from access to the Club and its facilities. For youth organisations, such members shall be allowed use of the Club facilities only when accompanied by an adult member of their organisation. The Conditions for Block Membership and the Fee shall be determined by General Committee.   

           


           

       

3/1/12

       

Training’ membership may be granted by the General Committee to any Training Organisation. Such Members shall be allowed use of the Club facilities only when there is present at least one Officer or Instructor of the Training Organisation. The conditions for Training Membership and the fee shall be determined by the General Committee.

Voting Rights of Members

       

3/2

Voting rights and eligibility for election to the General Committee and to hold office shall be as defined below:   








Category of Membership

       

Eligible to:

Vote

       

Be elected to General Committee

Hold Office

Attend     General Meetings       

Single

       

1

       

Yes

Yes   

Yes       

The co habiting Adults named in a Family   

1 each

       

Yes   

Yes       

Yes       

Named Children in a Family, Junior, Student

       

No

       

No

       

No

       

Yes

       

Associate, Temporary, Honorary

No

No   

No

Yes   

Honorary Life

1

Yes

Yes

Yes   

Block, Training

1 per organisation

1 representative may be elected for each organisation

No   

1 representative for each organisation   

Life By Subscription

As per Single or Family as appropriate

 

Membership Entrance and Subscription Fee

3/3

There shall be an entrance fee on joining the Club, as set by the Annual General     Meeting.       

           


           

       

3/3/1

       

The rate of Entrance and Subscription fee for each category of Membership shall be proposed by the General 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 15th November each year to cover the period to 15th November the following year. Where the subscription is received in     full before 1st January a discount set by the General Committee may be deducted.                

           


           

       

3/3/2

       

Members shall also pay an annual boat and/or trailer storage fee of such sum as the General Committee shall from to time prescribe which shall entitle a member to a space in the Club’s boat compounds.

           


           

       

3/3/3

       

Any member who has not paid his/her subscription and boat space fees, where applicable, by 22nd January shall be deemed to no longer be a member of the Club. After this date a new membership may be applied for in the normal way.   

 

3/3/4

The current rate of Entrance and Subscription fee shall be prominently displayed in the Club premises.

Eligibility of membership

       

3/4

       

Membership of the Club shall be open to anyone interested in the sport of sailing 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.

 

3/4/1

Membership subscriptions will be kept at levels that will not pose a     significant obstacle to people participating.

           


           

       

3/4/2

       

The General Committee may refuse membership or, subject to Rule 3/11 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 members in a General meeting.   

           


           

       

3/4/3

       

No person shall be in any year entitled to exercise any rights of privileges of membership until his/her entrance fee and subscription for that year, and all arrears, if any, have been paid

       

Application for membership

       

3/5

       

An application for membership shall be in the form from time to time prescribed by the General Committee, and shall include the name, address and occupation of the applicant.   

Election of Members

           


           

       

3/6

       

Upon receipt of an application for membership, the Membership Secretary shall enter such application in a Register of Applicants and there shall be an interval of at least two days before the meeting of the General Committee at which such application for membership shall be considered. Election of a candidate to membership shall take place at a meeting of the General Committee. Candidates shall be elected by simple majority.

           


           

       

3/6/1

       

The Membership Secretary shall inform each applicant in writing of the applicant’s election or non-election. He/she shall furnish an elected applicant with a copy of the Rules and Bye Laws of the Club and make request for such payments as are necessary.   

Payment of fees upon election

       

3/7

       

Upon election, an applicant shall pay within fourteen days, such Entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay can be shown.   

Discount for part year membership

       

3/8

       

On election a member shall pay a full year’s subscription at the discounted rate in force at the date of his or her election and such payment shall cover the period only until the following 15th November. In order not to penalise late elections of new members, discounts shall also be applied to new members elected from June until September in accordance with the following scheme: June 20%; July 30%, August 40% and September 50%.' Where a new member is elected after the 1st October the subscription in force at that time will be deemed to cover the period until 15th November the following year subject to the additional payment of any increased subscription.

Members’ duty to provide an up to date address.

           


           

       

3/9

       

Every     member shall furnish the Membership Secretary with an up-to-date postal and email address together with contact telephone numbers     which shall be recorded in the Register of Members. Any notification given by the Club to its members shall have been validly given if sent by the Honorary Secretary, Membership Secretary or Treasurer to the last known postal or email address.            

Retirement of a member

       

3/10

       

A member desirous of retiring from membership shall give notice in writing to the Membership Secretary before the last day of December and shall not then be liable to pay the subscription for the following year. A member who retires in accordance with this Rule shall not be entitled to have any part of the annual     membership fee or any other fees refunded.

   

Conduct of Members       

Undertaking of members to comply with the rules

       

3/11

       

Every member on joining the Club by implication undertakes to comply with its Rules, Byelaws and Regulations and any neglect or refusal to do so, or any conduct which in the opinion of the General Committee, is either unworthy of a member, or otherwise injurious to the interests of the Club, shall render a member liable to expulsion, or other sanction that may be determined by the General Committee, provided that, before expelling a member such Committee may call upon him for an explanation of his conduct, and shall give him an opportunity of defending himself or of resigning his membership. The vote on a resolution for expulsion shall be by ballot, and the resolution shall only be carried if not less than three quarters of the members of the General Committee present             vote in favour of the resolution.

           

           

           

3/11/1

Appeal against suspension/expulsion may be made to members in a General             Meeting.   

           

           

           

       

3/11/2

       

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 trophies held by them forthwith.   

Guests at the Club

       

3/12

       

Any member may introduce, as his or her guest, any person, provided that the member so introducing enters the name and address of the said guest in a book kept for such purpose, and at no time leaves the Club premises while the said guest is thereon. No member may introduce more than two guests in one day. The same person(s) may not be introduced as a guest more than six times in one year.

Members’ commitment to undertake duties

       

3/13

       

All adult members will be rostered to undertake duties to enable the club to function effectively. Members are expected to fulfil such duties as may reasonably be allocated on a rota basis, or to arrange a suitable person in substitution. In exceptional circumstances the General Committee shall have the discretion to waive the obligation to fulfil a duty on receipt of a written application.    

   

Limitation of Club Liability

Limitation of club liability

       

3/14

       

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 in doing so implicitly accept that -

(a) The Club will not accept any liability for any damage to or loss of property     (including boats) belonging to members, their guests or visitors to the Club.

(b) The Club will not accept any liability for personal injury arising out of the use of the Club premises and any other facilities of the Club and participation in its events either sustained by members, their guests or visitors; whether or not such damage or injury could have been attributed to or occasioned by the neglect, default or negligence of any of them, the Officers, Committee or servant of the Club.            

(c) The Club is only able to provide safety cover during the hours of scheduled sailing     events. Outside these hours 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 scheduled sailing events the Club cannot accept responsibility for children, or any other person, not engaged in such events.

(d) Before inviting any guest or visitors onto the premises or to     participate in events organised by the Club, members will draw their attention to this Rule.

   

SECTION 4 – CLUB MANAGEMENT   

Constitution of the General Committee

4/1

The General Committee shall consist of the Officers ex-officio, and not more than eight other members of the Club, elected by the Club in Annual General Meeting to hold office until the conclusion of the next Annual General meeting.

Candidates for election to Committee

       

4/2

       

Candidates for election to the General Committee shall be those members of the retiring General Committee who shall offer themselves for re-election; and such other members of the Club whose nominations have been duly proposed and seconded by members of the Club in writing. All names shall have been received by the Honorary     Secretary with the consent of the candidate before 1st October preceding the Annual General Meeting.       

           

   

4/2/

The election of Officers and Committee to be by ballot unless there is only one nomination for the vacancy.

           

Voting at General Committee

       

    4/3

       

           

Voting at General Committee shall be by a show of hands. A simple majority of those voting shall be sufficient to pass a resolution. In the case of equality of votes the Commodore or Chairperson (as the case may be) shall have a second and casting vote.

Quorum for General Committee Meeting

4/4

The quorum for the General Committee meetings shall be five, including one officer

Notice     of General Committee Meeting

       

4/5

       

The Honorary Secretary shall, not less than seven clear days before any meeting of the General Committee, send to each member of the General Committee a notice in writing of the meeting, and an agenda of the business to be transacted thereat.

           

           

           

       

4/5/1

       

The General Committee shall have the power to indemnify any member incurring liability on behalf of the Club, as authorised by the aforesaid General Committee.       

           

           

           

       

4/5/2

       

The General Committee shall meet at least every 2 months making such arrangements as the conduct, place of assembly and holding of such meetings as it may wish. The Commodore or in his/her absence a Chairperson elected by those present shall preside.

           

           

4/5/3

If there is a vacancy on the General Committee, the General Committee may co-opt a member to fill this vacancy.            

Special committees

       

4/6

       

A Special Committee means a Committee of not more than twelve members of the Club elected by the Club in General Meeting to sit on that Committee until the conclusion of the next Annual General Meeting. Rule 4/2 and 4/2/1 shall apply to any Special Committee as well as to the General Committee.

Sub-Committees

       

4/7

       

The General 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 General Committee or of the Club as the General Committee may think fit. The Chairman of any Sub-Committee must     be, or become, a member of the General Committee. Any decision of any Sub-Committee must be passed by the General Committee Meeting prior to its introduction.

Financial Matters

       

4/8

       

The financial and business year shall end at midnight on 31st August each year.

       

           



4/8/1

A copy of the audited accounts shall be prominently displayed in the Club premises for at least seven days prior to the Annual General Meeting   

           

           

   

4/8/2

All cheques shall be signed by the Honorary Treasurer and one other Officer of the Club, to be nominated by the General Committee.    

   

Powers of the General Committee

General Powers of the General Committee

       

4/9

       

The General Committee shall manage the affairs of the Club according to the Rules of the Club and shall cause the funds and property of the Club to be applied solely for the benefit of the Club or for a benevolent or charitable purpose. In particular the General 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

           

           

           

       

4/9/1

       

The General Committee shall make such bye-laws, rules and regulations as it thinks fit as to the management of any Club premises. The members of the Club may, in General Meeting, refer the management of such affairs as they think fit to the General Meeting and/or  Special Committee.

Disclosure of interest to third parties            

       

4/10

       

A member of the General 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.

Limitation of Committee's authority

       

4/11

       

The General Committee, or any person or sub-Committee delegated by the General 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. 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.

Members’ indemnification of the General Committee

       

4/12

       

In pursuance of the authority vested in the General Committee by     members of the Club, members of the General 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 their duties 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. Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or payments the General Committee 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 General Committee has been authorised to exceed such limit by a General Meeting of the Club.

Contractual Liability            

   

4/13

The General 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 General Committee and 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.”

   

Purchase and Supply of excisable goods

Purchase and Supply of excisable goods

           

   

4/14

The purchase for the Club and the supply by the Club of intoxicating liquor shall be exclusively controlled by the General Committee (or by a Special Committee appointed by the General Committee).

           

           

           

       

4/14/1

       

Intoxicating liquor may be sold for consumption on the premises to those     persons over the age of 18 who are entitled to use the premises of the Club.

       

   

SECTION 5 - TRUSTEES

Number and terms of reference

       

5/1

       

The property of the Club shall be vested in not more than five honorary trustees, one of whom shall be the President, appointed by the General Committee from any of the members of the Club. The     General Committee may also appoint honorary Vice-Presidents, but the number of Vice-Presidents shall not exceed four. On death, retirement or incapacity of any trustee his successor shall be nominated by the General Committee. The trustees shall be indemnified by the Club in respect of all actions taken by them on the instructions of the General Committee, and in respect of all liabilities arising from the said property.            

Property of Club vested in Trustees

       

5/2

       

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 of a Trustee, the Committee shall nominate a new Trustee in his/her place, and shall as soon as possible thereafter take all necessary 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 Honorary 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 and he/she shall by Deed duly appoint the person or persons so nominated by the General Committee.

Powers of Trustees

       

5/3

       

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 General 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 General Committee’s directions (which shall be duly recorded in the minutes of the General Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.   

Indemnity of Trustees from Club

       

5/4

       

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 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.

           

           

           

       

5/4/1

       

Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or payments the General Committee 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 6 – MEETINGS OF THE CLUB

Annual General Meetings

       

6/1

       

An Annual General Meeting shall be held in the first fourteen days of November each year. No business (except the passing of accounts and the election of Officers, General Committee and the     appointment of the Auditor, and any business that the General Committee may order to be inserted in the Notice convening the     meeting), shall be discussed at such meeting, unless notice thereof be given to the Honorary Secretary before 1st October prior to such meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

           

           

           

       

           

6/1/1

A General Meeting may at any time, without reason given, remove any member from any position which he or she may hold within the Club             or its Committees.   

Special General Meetings

       

6/2

       

The General Committee may at any time call a General Meeting of the Club for any specified business stated in the notice sent to members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

       

           

           

           

       

6/2/1

       

30 members (or, if the total membership of the Club is less than 150, one-fifth of the said total), may join together to summon or cause     the Honorary Secretary to summon by notice a General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

Chairperson at Meetings

       

6/3

       

At every General Meeting of the Club, the President or the Commodore or, in their absence, a Chairperson elected by those present shall preside.

Notice of Meetings

       

6/4

       

The Honorary Secretary shall at least fourteen days clear before the date of the Annual General Meeting, or any General Meeting, email, post or deliver to each member at their last known address notice thereof, and of the business to be brought forward thereat.   

Voting at Meetings

       

6/5

       

At the Annual General Meeting or General Meeting of the Club, voting rights are set out under Section 3. Voting     shall be by a show of hands. A simple majority of those voting shall be sufficient to pass a resolution. In the case of an equality of votes the Chairman shall have a second and casting vote.

Quorum at Meetings

       

6/5/1

       

Fifteen members entitled to vote and personally present shall form a quorum at any General Meeting of the Club.

   

SECTION 7 – NEW RULES, AMENDMENTS and ALTERATIONS

Notice     of Alteration or Addition to Club Rules and Byelaws            

       

7/1

       

Notice     of alteration or addition to the Rules and Byelaws intended to be proposed by a member of the Club shall be given to the Honorary Secretary in writing before 1st October if the same is to be proposed at the Annual General Meeting at which the same is to brought forward, and full particulars of any such alteration shall be set out on the notice convening the meeting.

Voting on rule changes

       

7/2

       

All such proposed alterations or additions and any amendments to the rules, byelaws and regulations which may be properly proposed and seconded, shall be put to the vote of the meeting, and provided that on a show of hands, or, if demanded, on a poll, a majority of two-thirds of the votes of those members present and voting shall be cast in favour of any proposed alterations or additions or amendments then the same shall be deemed to be carried out; provided that no such change shall jeopardise the Club’s status as a Community Amateur Sports Club within the meaning of the Finance Acts, or in any event alter its purposes or winding-up provisions.

Application of Rules and Byelaws

       

7/3

       

These     Rules and Byelaws are to come into force immediately upon adoption by the Annual General Meeting.

   

SECTION 8 –     DISSOLUTION OF THE CLUB

Dissolution of the Club

       

8/1

       

The Club may be dissolved at an Annual General Meeting. 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 another Club with similar sports purposes which is a charity and/or

(ii) to another Club with similar sports purposes which is a registered CASC and / or

(iii) to the sport’s national governing body for use by it for related community sports.                

   

SECTION 9 - MISCELLANEOUS

Restriction on vessels

           

           

           

       

9/1

       

Types of vessel launched and sailed from the Club slipway shall be restricted to:

(a) Sailing dinghies of monohull design of less than 6.10 metres in length.

(b) Multihull sailing craft of maximum             dimensions 5.33 metres in length and 2.29 metres beam.

(c) Sailboards of uni-rig of less than 4.88 metres in length.

Exceptions: Other craft authorised by the General Committee.            

Abandoned Boats

       

9/2

       

If at any time any boat space fees payable to the Club by any member or former member shall be three months in arrears:

           

  1. The General Committee shall be entitled, upon giving one month's notice in writing to the member or former member at hi/her last     known postal or email address shown in the register of members, to sell the boat and to deduct any monies due to the Club from the proceeds of the sale before accounting for the balance (if any) to the member or former member:           

(b) alternatively, any boat which in the opinion of the General Committee cannot be sold may, upon such notice as aforesaid, be broken up and the expenses recovered from the member of former member.

Entitlement of Competitors

       

9/3

       

Any person who is a competitor in any race sponsored or organised by or on behalf of the Club, and any person who is a member of the crew of such competitor for the purpose of the race, is entitled to the use of the Club premises within a period of 24 hours before and after the race in which they are competing.

Expulsion of Temporary Members and Competitors

       

9/4

       

The Honorary Secretary or any other person who has received the authority of two members of the General Committee may expel temporarily or permanently any person who otherwise might purport to have the right to the use of the Club premises under Rule 3/1/7 and 9/3.

Seamanship

       

9/5

   

All boats belonging to Club members are required to be seaworthy and handled in a seamanlike manner.

Obligatory Buoyancy

       

9/6

       

Adequate permanent buoyancy aids shall be worn by all persons going afloat at all times. The recommended minimum standard of permanent buoyancy for persons able to swim is 50 Newtons (11.5lbs) buoyancy in compliance with European Union Standard CE 50. The buoyancy rating quoted is for adult size only. Smaller sizes will have proportionally less buoyancy. It is recommended that persons that are poor or non-swimmers wear personal buoyancy of a higher standard than European Union Standard 50. Wet suits and/or dry     suits are not deemed as adequate buoyancy.

           

           

           

       

9/6/1

       

All Class dinghies shall carry buoyancy as laid down by their Class     Association Rules. All non-Class dinghies shall carry buoyancy     with the weight value of the dinghy plus 250%. Sealed tanks and hulls shall be efficiently sealed. All buoyancy shall be securely fixed, including any masthead buoyancy devices.   

Safety boats

       

9/7

       

Safety     Boats - At least one motor powered safety boat shall be afloat at all times during scheduled sailing events for the exclusive use of giving assistance to members of the Club. The number of crew to be determined by the General Committee but to be no less than two competent Club Members, one of whom shall be an adult member of the Club. Crew members shall be properly attired having due     regard for the weather conditions expected including air and water temperatures.

Insurance Obligations on Members

       

9/8

       

All members’ boats must be adequately insured against third party risks to a minimum figure as shall be specified by the General Committee annually on the membership renewal form.

Requirement to Keep Clear of Commercial Shipping

       

9/9

       

Boats must keep clear of commercial shipping at all times. Hindering the passage of a commercial vessel may render a member subject to action by the General Committee under Rule 3/11.

Handicapping

       

9/10

       

Yardstick numbers used for calculating results for all events held under the auspices of the Portishead Yacht and Sailing Club shall be those promulgated by the R.Y.A., except as modified by the Club in Annual General Meeting. Where no yardstick is available the Sailing Sub-Committee shall set one which will be either replaced by the RYA yardstick or ratified at the next Annual General Meeting.

Smoking            

       

9/11

       

Smoking shall be prohibited within the confines of ALL Club Buildings and on the open areas of the Club House balcony. Smoking shall also be prohibited anywhere within the top fifty feet of the slipway including the frontages of the Club and in the areas of the boathouses and Compound 1.

Lien

       

9/12

       

In addition to Rule 9/2 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.

Byelaws

       

9/13

       

The Club may adopt such Rules as it considers appropriate for the good management of the Club and its facilities.

       

Acknowledgement

       

9/14

       

The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.            

Data Protection

       

9/15

       

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 Acts.

Leasing of Club Premises

       

9/16

       

Any proposed arrangement, such as a lease or licence, allowing another organisation to use any part of the Club’s premises for a period exceeding 3 months shall be put to the membership to vote upon at General Meeting. All such arrangements to be for a stated fixed period of time. Any proposed renewal or extension of such arrangements shall be put to the membership to vote upon at General Meeting.

 

December 2015

 


(Written on 19-Dec-16)