Please note that at the 2015 AGM several small amendments were made to the Byelaws and Rules. The most important changes relate to the Dinghy park (Byelaw 10) and the use of email rather than post (Rule 3.7).
Byelaws of Restronguet Sailing Club:
Updated 1 December 2015
1 No cars or motorcycles belonging to members of the Club or their guests shall be parked at any time on the private road between the end of the county road by the church and the Club premises, on the beach or on any part of the Club grounds.
2 No motor boats shall use club moorings except with the express permission of the General Committee.
3 The public right of way in front of the Clubhouse shall at all times be left clear, and no boats or trailers shall be parked on it.
4 Dinghy parking shall be under the control of the General Committee. No boat or equipment may be left at the Club before payment of the appropriate parking fee. Boats must be clearly identifiable by the owner’s membership number clearly displayed and not masked by any covers.
5 No petrol shall be stored in the Clubhouse. Outboard motors, with or without petrol, must be stored in the engine shed at the owner's risk.
6 Members or their guests bringing dogs to the club shall keep them on a lead at all times. Dogs will not be allowed inside the club buildings under any circumstances. (This restriction is not applicable to assistance dogs.)
7 All clothing and personal equipment shall be removed from the Clubhouse at the end of each day in order to allow the premises to be cleaned. Abandoned items may be disposed of and if sold the proceeds shall be given to Charity.
8 No road trailers may be left at the Club.
9 Any member who keeps a vessel at the Club, either in the Dinghy Park or on a Club mooring, must arrange adequate Insurance cover with a limit of indemnity in respect of Third party claims of at least £2Million (two million pounds) for boats in the Dinghy Park and £3Million (three million pounds) for boats on moorings. The member must confirm the arrangement of such Insurance at the time of paying his/her annual fees, and without such confirmation will not be allowed to keep a vessel at the Club. The member must be able to show documentary evidence of such cover within seven days of a request to do so.
Dinghy parking – Summer and Winter
10 Full Members, Family Members, Student members, Junior members 16 or over at the start of the membership year, and Honorary Members may apply to keep sailing dinghies in the Dinghy Park. When a member first applies space will be allocated on a ‘first come first served’ basis, but thereafter the member must do the allocated number of Race Duties to be eligible for a space in the following season. The allocated number of race duties will be defined by the Sailing Committee at the start of each season and in the case of a member joining part way through a season a pro rata adjustment will be made. (In exceptional cases the Sailing Committee might waive this Bylaw on application from a Member)
10.1 Junior Members under 16 at the start of the membership year will not be expected to do Race Duties but are not themselves entitled to apply for Dinghy Park spaces.
10.2 All boats must be marked with the owner’s membership number and properly secured in order not to cause damage to others. Equipment and boats left at the Club that infringe this Bylaw may be removed or disposed of in line with Club rules.
10.3 No Dinghy Park space may be sublet to another member without the approval of the RSC Committee.
10.4 All boats and equipment must be removed from the club premises by 1st January, unless winter parking has been applied for. Boats left in the dinghy park after 1st January will be deemed to require winter parking, and be charged accordingly. (This does not apply to tenders belonging to 12 month mooring holders.)
11.1 The Club leases the mooring area from Cornwall Council (previously from Carrick District Council) and is thus able to grant annual licences to RSC members to have moorings laid for vessels owned by them.
11.2 An RSC member to whom such a licence has been granted is referred to below as the licensee, and the RSC member whose vessel is using the mooring (either the licensee, or a member to whom the mooring has been sublet, with permission, under Bylaw 11.12) is referred to in the following paragraphs as the Mooring Holder.
11.3 Mooring gear and positions shall be under the control of the Club and subject to the approval of the appropriate Cornwall Council Maritime Officer. Licensees must ascertain the standards required. The recommended minimum standards are available from the Mooring Master.
11.4 Under no circumstances may any licensee lay a mooring without the express permission of the Mooring Master. Lifting and Laying of moorings will be carried out by the contractor to the Club for a charge agreed with the Committee.
11.5 Applications for new moorings should be made to the Secretary. 11.6 Six monthly moorings must be removed completely by 1st October. Moorings not so removed may be taken up by the Club and an appropriate charge will be made. A boat left on the moorings after the first Saturday in October may be removed by the Club. The Club will not be liable for subsequent damage or expense.
11.7 The Club cannot accept responsibility for damage caused by a boat breaking loose from or dragging its mooring. Each licensee must check the position of his mooring immediately after it has been laid.
11.8 Mooring blocks must not be left on the beach during the sailing season. Any so left may be appropriated by the Club.
11.9 Where, in the opinion of the RSC Mooring Master, it is necessary or expedient for the better operation of the Harbour and/or the safety and/or convenience of the users thereof, RSC may, at the sole risk of the licensee: a) Lift, carry out repairs to and re-lay and/or b) Re-site elsewhere within the area leased by RSC any licensed mooring, and may move any vessel then visiting and/or occupying the said mooring. The Licensee will pay RSC reasonable charges for such work where appropriate.
11.10 At the expiry of the license all mooring gear must be removed by the Mooring Holder at his own expense. Failure to do so within 7 days of the expiry shall empower the RSC Mooring Master to remove the same at the Mooring Holder’s expense without incurring any liability for any damage caused to the mooring gear, or to any vessel moored thereto during or by reason of such removal. The Mooring Holder shall continue to be responsible for a fee equivalent to the daily proportion of the mooring fee for each day thereafter until such time as the mooring is removed.
MOORING LICENCE: OBLIGATIONS OF THE MOORING HOLDER
The text below sets out the obligations of the Mooring Holder:
11.11 Mooring licences are for either 6 months (April 1st to September 30th) or for 12 months. Members should note that the licence allows a named member to lay a mooring for a specific vessel; therefore use by another vessel requires the previous consent of the Committee. Members shall neither permit non-members to use a mooring, nor imply that they may arrange to transfer the mooring rights to another person.
11.12 A mooring may, with the previous consent of the RSC Committee, be left unused or sublet to another member of RSC for a period of up to two years. After this period, if the mooring licence holder does not wish to use the mooring for their own craft, the mooring will be reallocated.
11.13 The mooring license is only granted after the receipt of the appropriate fee, which is due on 1st January. Applications for a new mooring should be made to the Secretary. The Committee has agreed to reserve the previous Licensee's allocation until 1st February of the current year. After this date moorings will be allocated at the discretion of the Committee with advice from the Mooring Master.
11.14 Allocations are normally only made to monohull sailing vessels.
11.15 Applicants who are not able to personally supervise their vessels must satisfy the Committee that they have adequate local supervision of the vessel
11.16 The maximum draught recommended by the Committee is 1.37m, (4.46 ft.) and the maximum length that may be moored to a single block is 9.144m (29.7 ft,). The length of such a mooring chain shall comply with the Club specification which can be found on the website. Boats of or over 9.23m (30 ft.) overall length (subject to space availability) are required to be moored on a bridle. The length of rising chain during the summer months is to be limited to the depth of water at MHW plus two meters to the water line plus any additional chain required for mooring on board.
11.17 Mooring Holders are required to provide their own mooring tackle which will comply with the specification set by the Club. The mooring buoy must be clearly marked RSC and the allocated number, with the boat’s name painted on the buoy in a contrasting colour and in figures not less than 75mm (3 inches) high. The Club accepts no responsibility for the mooring tackle, which remains the property of the member.
11.18 Six-month moorings must be inspected each year before laying. Twelve month moorings must be inspected at least annually by a competent person. The Club may request evidence that this has been done. The Club cannot accept responsibility for damage caused by a boat breaking loose or dragging its mooring. Six monthly moorings may be laid for 1st April, and should be removed by 1st October. Any vessel left on a six monthly mooring after 1st October may be removed by the Club at the expense and risk of the owner. Mooring holders are requested to leave their pick-up buoys on the moorings until they have been placed on the beach.
OBLIGATIONS OF ALL MOORING HOLDERS IN TRURO HARBOUR WATER
11.19 The following paragraph details Obligations of all Mooring Holders in Truro Harbour waters as set out in the Club's Lease from Cornwall Council. The mooring holder hereby warrants that: He will at all times throughout the License Period observe and comply with all the terms and conditions from time to time in force and any notice or direction given to him by the Council and/or the Maritime Officer in accordance therewith, and also the Penryn Harbour/Truro Harbour bylaws and all other statutory rules; He will at all times throughout the License Period comply with all Acts of Parliament and statutory regulations (both present and future) including but without prejudice to the generality hereof, and requirements of H.M. Customs & Excise and any immigration and/or Health Authorities, and will indemnify the Council in respect of any loss, damage or expense arising from his breach thereof; He will be responsible for the conduct of and be fully accountable to the Council for any loss, damage, expense, injury or nuisance caused or committed within the Harbour by the Master (i.e. any owner or other person having ostensible authority for any vessel occupying a licensed mooring) and by his own and/or the Master’s crew members, agents, guests and/or other invitees; He will bring the terms of Part III of the 1992 Truro Harbour Bylaws to the attention of the Master and to both his own and/or the Master’s crew members, agents, guests and/or other invitees, and in the event of failure to do so will indemnify Carrick District Council in respect of any loss, damage or expense arising there from; He will immediately notify the Mooring Master RSC in writing of any change of address and any change of vessel using the mooring; with regard to vessels using or occupying the licensed moorings, he will ensure that such vessels a) are not used for residential purposes; b) no fuel or combustible materials are stored on such vessels, save in authorized stowage areas. He will not pollute the Harbour by the spillage or dumping of waste, effluent, detergent or fuel or otherwise. The Licensee, the Master and the crew members, agents, guests and/or invitees thereof, use the Harbour and any facilities thereof at their own risk, and Carrick District Council does not accept any responsibility for any loss, damage, expense or injury arising from the negligence of the Council. (The full text of the Lease is available on request to the Commodore.)
Club Premises Certificate (The Bar) References: Licensing Act 2003
12.The Committee has been empowered on behalf of the Club to obtain a Club Premises Certificate, and has formulated the following rules
12.1 Intoxicating liquor shall not be supplied, or intended to be supplied, to members on the premises other than by or on behalf of the Club.
12.2 The purchase for the Club and the supply by the Club of intoxicating liquor shall be managed by the Committee.
12.3 No person shall receive at the expense of the Club any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the Club.
12.4 No person shall directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests, apart from any benefit accruing to the Club as a whole.
12.5 No person under the age of eighteen years shall be supplied with or permitted to consume alcohol on the premises. No person under the age of 18 years shall be permitted to sell or serve alcohol on the premises, nor be a member of the “Bar Committee”.
12.6 Intoxicating liquor shall only be sold to Club members, their guests and visiting yacht persons who are members of a Royal Yachting Association affiliated Club or overseas yacht club affiliated to that club’s national yachting authority.
12.7 Intoxicating liquor shall only be supplied at times within the following permitted hours: Daily 12.00- 22.30, except that the Committee may apply for an extension to these hours for special functions. (The Committee is empowered to amend the above proposals if such is required by the courts to regain registration, providing that such amendments do not materially change the intent and scope of the proposals.) 12.8 All rule changes to Bylaws12.1 to
12.8 inclusive must be submitted to the appropriate authority and a copy sent to the police.
12.9 No guest using the Bar may be admitted more than 6 times in a calendar year. No member shall introduce more than two guests to the bar area at any one time. A person not eligible for membership cannot be admitted as a guest. Guests must sign in.
Work Support Levy and Rebate Scheme
13. A club work support levy and rebate scheme has been introduced.
13.1 At the Committee’s discretion, a levy will become payable by each Full Voting Member aged 18 years to 64 years.
13.2 Members who do eligible work for the Club can claim a rebate in the following year.
13.3 Acceptable working parties or individual work items will be decided by the General Committee.
13.4 One eligible work activity will reduce the levy by 50%. Two activities will reduce the levy to nil.
13.5 Examples of acceptable work, as in 13.3) above, are maintenance jobs, help with Open Meetings, Falmouth Week, Falmouth Dinghy Week and patrol boat duties for village regattas. Normal duties involved with patrol boats and the committee boat for Club racing do not qualify.
13.6 The levy is determined annually at the AGM.
13.7 New members, on joining, will not have the levy applied until a full year of membership has passed.
Children and Young People
Child Protection Act 14 – The RSC Committee has agreed to the RYA’s Child Protection Policy:
It is the policy of the RYA to safeguard children and young people taking part in boating from physical, sexual or emotional harm. The RYA will take all reasonable steps to ensure that, through appropriate procedures and training, children participating in RYA activities do so in a safe environment. They recognise that the safety and welfare of the child is paramount and that all children, whatever their age, gender, disability, culture, ethnic origin, colour, religion or belief, social status or sexual identity, have a right to protection from abuse. The RYA actively seeks to: Create a safe and welcoming environment, both on and off the water, where children can have fun and develop their skills and confidence. Support and encourage recognised training centers, affiliated clubs and class associations to implement similar policies. Recognise that safeguarding children is the responsibility of everyone, not just those who work with children. Ensure that RYA-organized training and events are run to the highest possible safety standards. Be prepared to review its ways of working to incorporate best practice. We will: Treat all children with respect and celebrate their achievements. Carefully recruit and select all employees, contractors and volunteers. Respond swiftly and appropriately to all complaints and concerns about poor practice or suspected or actual child abuse. This policy relates to all employees, contractors and volunteers who work with children or vulnerable adults in the course of their RYA duties. It will be kept under periodic review. A copy of the RYA guide- lines and forms will be kept in the Club House and the Race Office. All relevant concerns, allegations, complaints and their outcome should be notified to the Safeguarding designated lead person, Sabine Underwood.
14.1 A parent, guardian or nominated responsible adult must be present at all times when a Junior Member is at the club, whether on the water or ashore.
14.2 A Junior Member holding an RYA Power Boat Level Two Certificate, with or without the age endorsement, may drive a Club RIB if accompanied on board by a responsible adult who is recognised by the Club as a competent RIB driver.
Rules of Restronguet Sailing Club
1 Name, Aims and Objectives of the Club
2 Officers of the Club
4 Conduct of Members
5 Limitations of Club Liability
7 General Committee
8 Powers of the General Committee
9 General Meetings of the Club
10 Dissolution of the Club
1. NAME, AIMS AND OBJECTIVES OF THE CLUB
1.1 The name of the Club shall be “RESTRONGUET SAILING CLUB”, hereinafter referred to in these rules as “the Club”. The Club shall be affiliated to the Royal Yachting Association.
1.2 The object for which the Club is formed is to promote and encourage participation in the sport of sailing, particularly amongst beginners and also to provide social and other facilities for members as may from time to time be determined.
1.3 The income and property of the Club shall be applied solely towards promoting the Club’s objects as set forth in these rules and no portion thereof shall be paid or transferred directly or indirectly to the members of the Club or third parties. This does not prevent the Club from making donations to another registered CASC or a charity.
1.4 The burgee of the Club shall be a white oyster on a blue background with a white border 1/10th of the hoist of the flag in width.
2. OFFICERS OF THE CLUB
2.1 The Flag Officers of the Club shall be Full members of the Club and shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore (House)and a Rear-Commodore (Sailing). Other Officers shall be a Treasurer, a Secretary, and a Social Secretary. Officers shall be elected each year in the same manner as members of the General Committee (Rule 7) and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year.
2.2 The posts of Commodore, Vice Commodore, Rear-Commodore (House), and Rear-Commodore (Sailing) shall not be held for any period greater than three years at any one time.
2.3 The Secretary, with the Administrator and the Treasurer, shall: Keep a register of Club members’ names and addresses; conduct the correspondence of the Club; keep custody of all Club documents; keep full minutes of all Meetings of the Club and the General, Sailing, House, Social and sub- Committees which shall be confirmed by the appropriate Chairman upon the agreement of the Club or the Committee at the next following meeting of the Club, Committee, or sub-Committee; maintain any such certificates or registrations, and complete such non-financial returns, as may be required by law.
2.4 The Treasurer shall: 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; cause all returns as may be required by law in relation to such accounts to be rendered at the due time; cause the Club accounts to be made up to the 30th September each year; cause to be prepared, examined and printed every year a statement of receipts and expenditure and a balance sheet, which shall be submitted to the Club at the next Annual General Meeting. A copy of the same shall be sent to every member, together with the notice convening such a meeting. The Treasurer shall also administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Officers and members.
2.5 The Auditor shall: Be appointed at the Annual General Meeting in each year; The auditor shall audit the accounts of the Club when called upon to do so and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or by the Committee. The Auditor shall hold a relevant qualification for the post.
3.0 Membership shall be open to all persons regardless of ethnicity, nationality, sexual orientation, religion or other beliefs, or of age, sex or disability. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis. The Club may refuse membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made to the Club’s members and decided by a majority vote. The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose significant obstacles to people participating.
3.1 There shall be the following categories of membership and their power to vote at all meetings of the Club is as indicated hereunder.
3.1.1 A FULL MEMBER - being a person who, at the date of election is over the age of eighteen shall have one vote.
3.1.2 FULL FAMILY MEMBERSHIP – up to two adults and any children less than 18 years of age on the first of January of the membership year living in the same household. Adult(s) shall have one vote each. A member of the family at the age of 18 and wishing to remain a Club member shall join as either a Student or Full member in the following year. The entrance fee is waived.
3.1.3 A JUNIOR MEMBER – being a person who is under eighteen years on the first of January of the membership year who shall have no vote.
3.1.4 A STUDENT MEMBER – being a person between the ages of eighteen and twenty five years on the first of January of the year of application and who is in receipt of FULL TIME education shall have one vote. The Committee may ask for proof of full time education.
3.1.5 AN HONORARY LIFE MEMBERSHIP may be awarded at the discretion of the Committee. An Honorary Life Member shall have all the rights and privileges of a Full Member.
3.1.6 A SHORE MEMBER/FAMILY – being a person/family who shall have no vote. A single Shore Member shall be aged 18 years or over on the first of January of the year of application. This class of membership only entitles the member/family to attend social functions, use the Club’s shore facilities and receive Club communications.
3.1.7 A TEMPORARY MEMBER who shall have no vote. When a Temporary Member is aged less than 18 years a parent or responsible adult must assume responsibility, by endorsing the application, for seeing that the Temporary Member obeys the rules and byelaws of the Club. The subscription shall be determined annually to be valid for a period of one week and a Temporary Member’s subscription shall cover all the members of their family living together as such, and berthing/dinghy parking facilities if available. Temporary membership may be given free of charge to any person attending an event organised by the Club. Temporary Members shall have no right to introduce visitors to the Club or the facilities thereof; neither shall they have any right to take any part in the management of the Club. Individuals who are not Club members but who are asked by the Club to drive a club RIB will be granted Temporary Membership for the relevant period of time. Such individuals must complete a Register retained in the Clubhouse, Temporary Members will undertake to comply with the Club rules and byelaws in so far as such rules and byelaws may be deemed to apply to them.
3.1.8 The categories of membership "Life Membership and Limited Life Family Membership" are no longer available, however those people currently members in these categories shall continue to have their current entitlement with respect to the use of Club facilities and voting rights for the duration of their membership.
3.2 Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or premises.
3.3 The rate of Entrance and Subscription fee for each category of Membership shall be determined by the Committee and presented to the AGM for agreement. The current rate of Entrance and Subscription fee shall be prominently displayed in the Club premises, on WebCollect and on the Club website.
3.4 Members shall also make the following payments: All members shall pay the Entrance fee (if any) and their first annual subscription upon application to the Club and thereafter their annual subscription on the first of January in each year. A member elected after the first day of October in any year shall pay on application the Entrance fee (if any) and the relevant fee for the Frostbite season.
3.5 If any member’s subscription is two or more months in arrears the Committee will remove the member’s name from the register of members and he/she shall thereupon cease to be a member.
3.5.1 The Committee shall then be entitled:
a) to remove any boat or equipment to any part of the Club’s premises without being liable for any loss or damage howsoever caused.
b) Upon giving one month's notice in writing to the member/former member at his/her last known address shown in the register of members, to sell the boat or equipment and to 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. The Committee may only do this if evidence is available to show that all reasonable steps have been taken to trace a member or former member. If any balance is outstanding from the sale and member or former member cannot be traced it shall be placed in a bank deposit and retained against the eventuality of a claim by the owner, for a period of six years.
c) to dispose of any boat or equipment which, in the opinion of the Committee, cannot be sold, upon such notice aforesaid. This shall be in any manner the Committee may think fit and the expenses recovered from the member/former member as a debt owing to the Club.
d) to hold lien over members’ or former Club members’ boats parked or moored on the Club’s premises or Club moorings in respect of all monies due to the Club, whether in respect of arrears of mooring fees or subscriptions or otherwise. The Committee may at any time restore membership upon payment of all arrears of subscriptions then due, subject to an additional payment to be determined. No member whose annual payments are in arrears may enter any Club event or regatta or vote at any meeting.
e) to refuse to allocate a space in the dinghy park if, to the satisfaction of the Sailing Committee, a boat in the dinghy park cannot be shown to have been used significantly in the preceding year. Appeal may be made to the General Committee.
3.6 Members may change their class of membership by agreement of the Committee on payment of the difference between the Entrance fee for the new and old classes (if applicable) plus the difference between the annual subscription already paid for the current year and the subscription rate for the new class.
3.7 Every member shall furnish the Secretary with an up-to-date email 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. Any member who requires that such notices are sent by post must notify the Secretary in writing.
3.8 An application for membership shall be in the form from time to time prescribed by the Committee, and shall include the name, address and email address of the candidate, and the boat type and mooring/ parking requirements. Appropriate fees will be returnable if the application is unsuccessful.
3.9 The election of all classes of members is vested in the Committee and shall be by a simple majority vote of Committee members The Administrator will inform each candidate in writing of the candidate’s election or non-election and shall furnish an elected candidate with a copy of the Rules and Byelaws of the Club.
3.10 A member desirous of retiring from membership shall give notice in writing to the Secretary. Upon reapplication by a past member the Committee may, at its discretion, excuse the payment of the Entrance fee.
3.11 A charge may be levied for leaving boats on club premises or using club moorings. These fees shall be recommended by the General Committee to the Annual General Meeting for agreement.
3.12 At the Committee’s discretion a work levy rebate scheme may be implemented to offset membership fees and will be recommended to the Annual General Meeting for agreement. Details of the Scheme will be set out in the Byelaws and displayed at the Club.
3.13 Where a boat that is kept on a club mooring or in the dinghy park has shared ownership it is required that all owners shall be full members of the Club.
3.14 At the Committee’s discretion a scheme to encourage the take up of race duties may be offered. Details will be set out in the Byelaws.
3.15 Further details of the privileges, responsibilities and rules of Membership can be found in the Byelaws.
4. CONDUCT OF MEMBERS
4.1 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 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 PROVIDED THAT before expelling a member, the Committee shall call upon such a member for a written explanation of the member’s conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning. A resolution to expel a member must be carried by a two- thirds majority vote by those members of the Committee present and voting on the Resolution.
4.2 Members shall enter the names of all guests in the Visitors’ Book. The same guest may not be introduced more than six times in any calendar year and a member may not introduce more than six guests in any one day.
4.3 Persons other than Members or their guests may be admitted to the premises of the Club on such occasions and at such times as the Committee at its discretion shall permit and provided that such persons are either:
a) A bona-fide member of an affiliated RYA club or organisation visiting the Club for the purpose of sailing activities. Such permission shall specify the dates that such a person may use the premises.
b) 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 24 hours before and after the race in which they are competing.
c) Attending a private function organised by a member of the Club who is present at that function.
d) Attending a function organised by the Club or a bona-fide organisation as a result of hiring of the premises provided that no more than six such functions shall be held in any one calendar year by any one organisation.
e) Any Committee member, or any Club member who has been given authority by any two members of the Committee, may expel, temporarily or permanently, any person who is not a Club member, who has been given the use of the Club as outlined above and has behaved in such a way that would be unacceptable if they were a member of the Club
4.4 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.
4.5 A member shall settle any debts for any refreshment or otherwise before leaving the Club, or in accordance with any byelaw relating to the settlement of such indebtedness.
4.6 Complaints of any nature shall be addressed in writing to the Secretary and the complainant shall receive a written acknowledgement and response.
4.7 The Committee may allow prize-winners to hold trophies away from the Club premises, in which case the winner is to return the trophy to the Club on demand. All trophies shall remain the property of the Club unless otherwise stated.
4.8 Members, other than Officers, must not deal with the public in such a way as to give the impression that they represent The Club without minuted Committee permission.
5. LIMITATIONS OF CLUB LIABILITY
5.1 The Club will endeavour to operate within any Health and Safety legislation or legal guidance that relates to its activities.
5.2 Members, their guests and visitors are bound by the following Rule, which shall also be exhibited in a prominent place within the Club premises. “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 implicitly accept that the Rules and Byelaws apply to them.”
5.3 The Club will not accept any liability for any damage to or loss of property belonging to the members, their guests or visitors to the Club.
5.4 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, 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 servants of the Club.
5.5 When Club racing and Training takes place, the Club does not accept responsibility for non-participating members. “Training members” are those who have registered to do so on the day(s) in question. ”Racing members” are those who have “signed on”.
5.6 Data Protection Act - Members are advised that the personal information supplied by them is within the scope of the Data Protection Acts, and will be held in electronic and written form and published in the Club handbook. Membership of the Club shall be deemed to constitute consent of the holding of personal data in accordance with the Data Protection Act. Any persons wishing to object to such data being held or wishing to examine their own personal data shall apply to the Secretary in writing.
6.1 There shall be at least four Trustees of the Club who shall be appointed by the membership of the Club from time to time as necessary by resolution at a General Meeting from among Full, Family or Honorary Members who are willing to be so appointed.
6.2 A trustee shall hold office during his/her lifetime or until they shall resign by giving notice, in writing, to the Committee, or for ten years when they shall be eligible for re-election, or until a resolution removing them from office shall be passed at a General Meeting of the Club by a majority comprising two-thirds of the Members present and entitled to vote.
6.3 On appointment of the new trustee the Committee 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.
6.4 For the purpose of giving effect to any such nomination, the Secretary for the time being is hereby nominated as the person to appoint new Trustees of the Club within the meaning of Section 36 of the Trustee Act 1925 and they shall duly appoint the person or persons so nominated by the General Meeting.
6.5 All the property, except cash (which shall be held by the Treasurer of the Club), including land and investments shall be held by the Trustees in their own names, so far as it is necessary and practicable, on trust for the use and benefit of the Club.
6.6 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, if authorised by resolution passed by the Club in a General Meeting, 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 mortgager shall be concerned to enquire whether any such direction has been given.
6.7 The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any risk, liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or 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. (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club).
6.8 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.
7. GENERAL COMMITTEE
7.1 The General Committee (herein referred to as “the Committee”) shall consist of the Officers and not more than six members of the Club elected at the Annual General Meeting each year to hold office until the end of the next Annual General Meeting.
7.2 All members offering themselves for election shall have their nominations proposed and seconded by Voting Members in writing, with their written consent, which must be with the Secretary at least 28 days before the day of the Annual General Meeting.
7.3 The names of those proposed for office or General Committee and the names of those proposing and seconding them shall be prominently displayed at the Club, on the website at least 14 days before the General Meeting and by post/delivery with Notice of the AGM agenda.
7.4 If the number of candidates for election to the Committee or Flag Officers is greater than the number of vacancies to be filled there shall be a ballot at the meeting provided that any member unable to attend the meeting shall be entitled to cast a postal vote on the proper form obtainable from the Secretary to be received by the Secretary 24 hours before the day of the General Meeting. Proxy votes will not be allowed.
7.5 In the event of the ballot failing to determine the members of the Committee or the Flag Officers because of an equality of votes the candidate or candidates to be elected from those having an equal numbers of votes shall be determined by lot.
7.6 The Committee may co-opt a member to the Committee until the next following Annual General Meeting.
7.7 The Committee shall meet at least six times a year making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The Commodore or in his/ her absence the Vice or Rear Commodore or a Chairman elected by those present shall preside.
7.8 Should the position of Commodore become vacant the Vice Commodore may take over executive function until the next General Meeting or AGM. The Committee may appoint anyone from the Club to the position of Commodore until the next Annual General Meeting or General Meeting.
7.9 Minutes of all meetings of the Committee, Sailing Committee, House Committee, Social Committee or Sub-Committee shall be kept and a copy displayed prominently at the Club and on the Club web site. 7.10 On any committee, members shall declare any commercial interest that they may have in a particular topic, and though being able to enter into discussions may have no vote in the matter.
8. POWERS OF THE GENERAL COMMITTEE
8.1 The Committee shall manage the affairs of the Club according to the Rules. Elected Officers and Committee members shall have one vote at Committee meetings, except that the Chair may exercise a casting vote if the need arises. The quorum for a General Committee meeting shall be 6.
8.2 The Committee shall make, alter or repeal such Byelaws as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises and on the website, for fourteen days before the date of implementation.
8.3 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 Committee may think fit. Officers of the Club may be ex officio members of all such Sub-Committees.
8.4 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.
8.5 The Committee, or any person or Sub-Committee delegated by the Committee to act as agent for the Club or its members shall enter into contract only as expressly authorised or authorised by implication. A resolution passed and recorded in the Club Minutes of a General Meeting will be required if the General Committee wishes to borrow. Such a resolution should state the purpose for borrowing and its terms and conditions. All members of the Club, if the resolution is passed, will be deemed to have agreed to the resolution.
8.6 In pursuance of the authority vested in the Committee by the members of the Club, members of the Committee are entitled to be indemnified by the members against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is or could be of a duly authorised nature and entered into on behalf of the Club. The limit of an individual member’s indemnity in this respect shall be a sum equal to one year’s subscription at the current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.
8.7 Any matter not provided for by these Rules or Byelaws shall be referred to the Committee whose decision is final.
9. GENERAL MEETINGS OF THE CLUB
9.1 An Annual General Meeting of the Club shall be held each year in the month of November on a date to be fixed by the Committee.
9.2 The Secretary shall at least 14 days before the date of this or of any General Meeting post or deliver to each member notice of the business to be brought before the meeting.
9.3 Any member desirous of moving any resolution at the Annual General Meeting shall give notice thereof in writing to the Secretary by 56 days before the meeting. Such Resolutions will be advised by post or delivery to each member as well as being posted on the Club website and on the Club notice board.
9.4 Any member wishing to move a substantive amendment to any resolution on the agenda of the Annual General Meeting shall give notice in writing by 28 days before the meeting. 9.5 No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees, Honorary Members and the Auditor, 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 by (28 days) before the Annual General Meeting.
9.6 The Committee may at any time, upon giving 21 days notice in writing, call a 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.
9.7 The Committee may at any time and shall within 28 days on the requisition of any 12 members, stating the business for which it is required, convene a special General Meeting for any specific purpose. 9.8 At every meeting of the Club the Commodore, or in their absence, a Chairman nominated by the Committee shall preside.
9.9 Fifteen members entitled to vote, and personally present, shall form a quorum at any General Meeting of the Club.
9.10 Only members with voting rights as defined in Rule 3.1shall vote at any meeting of the Club. Other members may attend, but are not entitled to vote.
9.11 Voting, except upon the election of members of the Committee, shall be by the show of hands.
9.12 Members may vote by post on any resolution before a General Meeting. Postal votes must be on the proper form obtainable from the Secretary and be received by the Secretary 24 hours before the day of the General Meeting.
9.13 In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than the election of members of the Committee.
9.14 On any resolution properly put to a meeting of the Club relating to the creation, repeal, or amendment of any Rule of the Club such Rule shall not be created, repealed or amended except by a two thirds majority of the votes cast.
10. DISSOLUTION OF THE CLUB
10.1 If upon the winding up or dissolution of the Club, there remains, after satisfaction of all debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club but may be: a) Given or transferred to a registered CASC b) Given or transferred to a charity.
10.2 Such registered CASCs or Charities are to be determined by the members of the Club by Resolution passed at a General Meeting at or before the time of dissolution.