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Club Rules
To download a printable version of these rules in Adobe Acrobat format click here (approx 200k) COLNE
YACHT CLUB CONSTITUTION
AND CLUB RULES Adopted 12
November 2011 Club House WATERSIDE,
BRIGHTLINGSEA, ESSEX, CO7 0AX Telephone 01206 302594 Web:-www.colneyachtclub.org.uk Section
1: Name and Objectives
1.2.1 To facilitate, and promote the enjoyment of, yacht and boat
cruising, sailing and racing. 1.2.2 To provide and maintain a Clubhouse for the use of Members of the
Club and to promote social engagement amongst those interested in yachting and
boating. 1.2.3 To provide other facilities that may be considered necessary for or
beneficial to a yacht club, its Members, and visiting members of other
recognised clubs. 1.3 The Burgee of the Club shall be blue and
with the arms of the Borough of Colchester (defaced) in the centre. Section
2: Officers 2.1
The Officers of the Club shall be voting members of the Club and shall consist
of a President, up to two Vice Presidents, a Commodore (Flag Officer), a
Vice-Commodore (Flag Officer), two Rear-Commodores (Flag Officers), an Honorary
Treasurer, Honorary Secretary, Honorary Membership Secretary, Honorary Sailing
Secretary, Honorary Social Secretary, Honorary Premises Secretary and Honorary
Boatyard Secretary. Officers shall be elected at the Annual General Meeting in
each year and shall hold office for one or two years, retiring at the
termination of the Annual General Meeting in each year. All Officers of the Club
shall be eligible for re-election. 2.2
ADMIRAL OF THE CLUB is a post of honour and may be appointed by the Main
Committee (see 7.3). Duties
of Officers: The
normal duties of Officers are set out below but may vary according to the needs
of the Club 2.3
PRESIDENT: ·
Provide advice and support for the
Flag Officers and Main Committee. ·
Arrange election of Vice-Presidents
to Main Committee. ·
Chair General Meetings when
appropriate. 2.4
VICE PRESIDENTS: ·
Provide advice and support for the
Flag Officers and Main Committee. 2.5
COMMODORE: ·
Leadership and positive promotion
of the Club. ·
Oversee and ensure an effective
working relationship with Colne Yacht Club Ltd. ·
Chair Main Committee and General
Meetings ·
Coordinate sub-committees of the
Club ·
Health & Safety 2.6
VICE COMMODORE: ·
Deputise for Commodore ·
Leadership specifically for: o
Cruising in Company o
Racing ·
and have overall responsibility
for: o
Cadets o
Premises o
Boatyard o
Social & Catering o
Staffing and Administration 2.7
REAR COMMODORES: ·
Leadership for agreed areas from
the above dependent on skills and expertise. ·
Report to the Main Committee 2.8
HONORARY TREASURER: ·
Cause such books of account to be kept as are necessary to
give a true and fair view of the state of finances of the Club. ·
Cause all returns as may be required by law in relation to
such accounts to be rendered at the due time. Prepare an Annual Balance Sheet as
at 31st December in each year and cause such Balance Sheet (and
accounts as necessary) to be audited 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. ·
Make a copy of the draft accounts available to members within
four months of the financial year end. ·
Be available at General Meetings to advise members and answer
questions on Club accounts. ·
Report to the Main Committee. 2.10 HONORARY SECRETARY ·
Administer such insurance policy or policies as may be needed
fully to protect the interests of the Club, its Officers and its members ·
Maintain contact with the Club's Legal Advisor to ensure that
the Club's affairs are managed in accordance with current law. ·
Ensure meetings of the Club are held in accordance with
current rules of the Club. ·
Report to the Main Committee. 2.11 HONORARY MEMBERSHIP SECRETARY: ·
Oversee the register of Club members' names, addresses and
contact details. ·
Advise the Main Committee concerning Data Protection Acts. ·
Oversee the membership application process and any appeals. ·
Report to the Main Committee on renewals, membership levels
and coordinate recruitment campaigns. 2.12 HONORARY SAILING SECRETARY: ·
Coordinate annual Sailing Programme ·
Coordinate Race Officer rota ·
Report to the Main Committee 2.13 HONORARY SOCIAL SECRETARY: ·
Report to Main Committee on proposed social programme, and to
Finance Committee on budgets and remittances. ·
Report to Main Committee on kitchen hygiene and health and
safety. 2.14 HONORARY PREMISES SECRETARY ·
Coordinate regular inspection and the maintenance of Club
premises, including maintenance contracts, plant, equipment and utility services
(gas, water, drainage, electricity supplies and communication contractors). ·
Ensure compliance with fire regulations and other legal
requirements. ·
Report to Main Committee re planned and actual expenditure 2.15 HONORARY BOATYARD SECRETARY ·
Supervise management and maintenance of Club Boatyard ·
Report to Main Committee re income and expenditure Section
3: Auditors/Examiners The AUDITORS/EXAMINERS shall:- 3.1 Be appointed
at the Annual General Meeting in each year.
Examiners shall be two appropriate members of the Club. 3.2 Audit the
accounts and Annual Balance Sheet of the Club when called upon to do so and, if
satisfied with the results, they shall give such certificate of assurance as to
the accuracy of the said accounts as shall be required by law or by the
Committee; 3.3 If the
appointed Auditors/Examiners are either unwilling or unable to act, they must
immediately inform in writing the Main Committee who shall appoint a
substitute/s to hold office until the termination of the next Annual General
Meeting. Section
4: Membership The
rights and privileges of each category of members are as defined in the latest
edition of the byelaws of the Club. 4.1
VOTING MEMBERS 4.1
VOTING MEMBERS 4.1.1 There shall be the following categories of membership who shall be
over the age of 18, shall have full use of all the Club facilities and each
category shall have one vote: 4.1.5 FAMILY MEMBERSHIP – Two co-habiting adults and two children
within their guardianship under the age of 18.
One vote is exercisable by either adult. 4.1.5.1 The Main Committee may nominate for election at an Annual General
Meeting such honorary members as the Committee may think fit.
This status shall be conferred as a distinction. The number of honorary
members shall not exceed 3% of full membership. 4.1.5.2 The election of proposed honorary members shall be put to the
vote at Annual General Meeting and such honorary members shall be duly elected
if two thirds of those present, and entitled to vote, vote in favour of
election. The following are
entitled to become senior members: 4.1.6.1 Any full
member who joined the Club before 31st May 2010 and having been a member for 7
years upon reaching or exceeding the age of 65;
4.1.6.2 Any full
member who joined the Club on or after 1st June 2010 having been a
member for 12 years upon reaching or exceeding the age of 67; 4.1.6.3 Any member who
has had 40 consecutive years of full/intermediate membership. 4.1.7 SENIOR PLUS
MEMBER A Senior Member of at
least 3 years standing aged 80+ years.
4.2
NON-VOTING MEMBERS 4.2.1 There shall be the following categories of membership who shall
have use of the Club facilities, or such facilities as shall be determined by
the Main Committee from time to time, but shall not have a vote:
4.4
DATA PROTECTION 4.4.1 Membership of the Club shall imply
acceptance of these Rules, Bye-Laws and Regulations by the member and will be
deemed to constitute consent to the holding of relevant personal data for the
purposes of the Data Protection Acts. 4.4.3 Compliance with Data Protection Acts
will be set out in the latest byelaws of the Club. 4.5
SUBSCRIPTIONS 4.5.1 The annual subscription for the
foregoing classes of membership and the amount of any entrance fee shall be
fixed by the Main Committee
who shall have the power to fix rates
for payments by instalments.
The current rates of entrance and subscription fees shall be prominently
displayed on Club premises. 4.5.3 A Member whose annual subscription is not paid by the last day of
February in any year or whose subscription by instalment is more than two months
late shall be deemed to be in arrear and the member’s name shall, at the
discretion of the Main Committee, be posted on the Club notice board and he
shall be notified of the fact by communication to the member’s address. Any
member who is in arrear shall not be eligible to serve on any committee nor
shall the member be eligible to attend or vote at any General Meeting and shall
not be allowed the privileges of the Club until the subscription is paid. If the
subscription is not paid by 1st April in the same year the Main Committee may
declare membership cancelled. 4.5.4 Any Member who is otherwise in debt to
the Club during the year shall be dealt with in such a manner as the Main
Committee may decide. 4.5.5 Any
member who has outstanding debts at the time the subscription invoice for the
following year is sent out will be treated as follows. A statement
will be produced, which sets out all outstanding debts, including the
subscription (the “total balance outstanding”). The provisions of clause
4.5.3 then apply in full, but to the total balance outstanding rather than just
the unpaid subscription. 4.6
ELECTION OF MEMBERS 4.6.1 Every candidate for membership (except
honorary members) shall be proposed and seconded by a voting member of the Club,
both of whom must be personally acquainted with the candidate, or can support
the application with appropriate references. 4.6.7 If the Main Committee terminates a
membership at the end of the probationary year, reasons will be given.
There is a right of appeal against this decision to an Appeal Panel whose
decision will be final. 4.6.8 The category of membership for each
individual will be determined by the Main Committee in the event of doubt. 4.7
CONDUCT OF MEMBERS AND VISITORS 4.7.1 Every member, upon election and
thereafter is deemed to have notice of, and impliedly undertakes to comply with,
the Club Rules, Regulations and current Byelaws of the Club. Any refusal or
neglect to do so, or any conduct which, in the opinion of the Main Committee, is
either unworthy of a member or otherwise injurious to the interests or
reputation of the Club, shall render a member liable to expulsion, suspension,
or withdrawal of the right to renew membership, by a decision of the Main
Committee, PROVIDED THAT, before expelling, suspending, or withdrawing the right
to renew membership of, a member, the Main Committee shall call upon such member
for a written explanation of the member’s conduct and shall give the member
full opportunity to make an explanation to the Main Committee or to resign. 4.7.2 Any member of the Main Committee who is
involved in any way with the activities leading up to the expulsion, suspension
or withdrawal of the right to renew membership, or is unable to make an
impartial decision, must declare this. Unless
the Main Committee formally resolves to admit his/her inclusion, the member
making the declaration may not be involved in the related decision of the Main
Committee. 4.7.4 Appeal against expulsion, suspension or
withdrawal of the right to renew membership, may be made to the Appeal Panel
comprising at least three members. The
decision of the Appeal Panel will be final.
Section
5: Use of Club Facilities 5.1
VISITORS 5.1.1 Members shall enter the names of all
guests in the Visitor’s Book and the same guest may not be introduced more
than six times in any calendar year. 5.1.3 Any person who is a competitor or participant in any race or other
event organised by or on behalf of the Club may use the Club premises as a guest
of a member only on the day of the race or event and shall enter their name in
the Visitors Book. No participant or competitor may use the Club premises more
than six times in any calendar year. 5.1.4 Persons who are not members or visiting yachtsmen may as guests of
members use the Club premises when attending social functions, which have been
approved by the Main Committee.
5.1.7
There shall be no smoking within Club premises. Section
6. Purchase and Supply of Excisable
Goods 6.1
The purchase for the Club of excisable goods and the supply of these upon Club
premises shall be exclusively and solely under the control of the Main
Committee, or of a sub-committee appointed by the Main Committee. 6.2 Intoxicating liquor may only be sold to
or for consumption on the premises by those persons over the age of 18 years who
are entitled to use the Club premises in pursuance of the Rules and Byelaws and
Regulations for the time being in force. No member under the age of 18 may
purchase or attempt to purchase intoxicating liquor within the Club premises,
nor may a member under the legal age purchase or attempt to purchase tobacco or
cigarettes within the Club premises. A
member shall not purchase or attempt to purchase tobacco products or
intoxicating liquor for a person under the legal age.
Only intoxicating liquor purchased from the Club shall be consumed on the
premises, unless expressly authorised by the Main Committee. Section
7: Officers and Main Committee 7.1
MANAGEMENT 7.1.1 The Management of the Club shall be
vested in the Main Committee and shall consist of the Flag Officers, President,
two ex-officio Vice-Presidents, not more than eight elected members (including
those listed in 7.2.5) and not more than two co-opted members. A quorum shall
consist of five including one Flag Officer. 7.2
OFFICERS 7.2.1 The Flag Officers of the Club shall
consist of the Commodore, Vice-Commodore, and up to two Rear Commodores. 7.2.2 ADMIRAL - The Admiral of the Club may
be appointed as an Honorary Officer by the Main Committee. 7.2.5 Other Officers will include Honorary
Treasurer, Honorary Secretary, Honorary Membership Secretary, Honorary Sailing
Secretary, Honorary Social Secretary, Honorary Premises Secretary and Honorary
Boatyard Secretary. These roles may vary according to the needs of the Club. 7.3
POWERS AND DUTIES OF THE MAIN COMMITTEE 7.3.1
The Main Committee shall manage the affairs of the Club according to the Rules
and shall cause the funds and resources of the Club to be applied solely to the
objects of the Club or for a benevolent or charitable purpose nominated by
General Meeting. 7.3.2
In particular the Main 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. 7.3.3 The Main Committee shall make such
Bye-Laws 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 Bye-Laws and
Regulations shall remain in force until approved or set aside by a vote of a
General Meeting of the Club. 7.4
ELECTION OF OFFICERS AND MAIN COMMITTEE MEMBERS 7.4.1 Officers and Main Committee members
shall be elected at the Annual General Meeting and shall be eligible for
re-election.
Section
8: General Meetings of the Club 8.1 An Annual General Meeting shall be held
each year in the month of October/November. The Honorary Secretary shall send
all members fourteen days clear notice of the date of the meeting. The Honorary
Secretary shall also send them at the same time details of the business to be
transacted.
8.3 No business, except the passing of the
Accounts and the election of the Officers, Committee, and the Honorary Auditors,
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, seconded by a further six members, entitled to
vote to the Honorary Secretary at least 42 days before the date of the Annual
General Meeting. 8.4 At every meeting of the Club the
President or the Commodore or, in their absence, a chairman elected by those
present shall preside. 8.5 The Main Committee may at any time and
shall, on the requisition of any fifteen Members stating the business for which
it is required, convene an Extraordinary General Meeting for any specific
purpose. The Honorary Secretary shall give twenty-one days clear notice to
Members of such meeting giving details of the business to be transacted. In the
case of a requisition the meeting shall be held within two calendar months of
the receipt of such requisition 8.8 Only voting members shall attend and vote
at any General Meeting of the Club. 8.9 Voting, except upon the election of
members of the Main Committee, shall be by show of hands, unless otherwise
agreed at the General Meeting. 8.10 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 Main Committee. 8.11 On any resolution properly put to a
meeting of the Club relating to the creation, repeal or amendment of any Rule,
Byelaw or Regulation of the Club, such Rule, Byelaw 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
9: Trustees and Club Property 9.1
Property 9.1.1 Certain fixed assets of the Club,
comprising the buildings and sites of the Clubhouse including the Oar Store and
Boat Yard are vested in a Limited Liability Company known as The Colne Yacht
Club Ltd, herein referred to in these Rules as the Company.
9.1.2 Other fixed assets, including the
leasehold land and jetty are vested in Club Trustees nominated by the Main
Committee.
9.2
Colne Yacht Club Limited (the Company) 9.2.1
Directors of the Company 9.2.1.1 The directors of the Company shall be
selected from the former Commodores of the Club by the Main Committee. The
election and retirement of these directors shall be in accordance with the
Articles of Association of the Company and the Companies Acts. 9.2.1.2 A list of Directors, and a copy of
the Articles of Association, are held in the Clubhouse office available for
inspection by members on request. 9.2.2
Share Capital and Company Trustees 9.2.2.1 All the shares of the Company shall
be held in trust for and on behalf of the Club by Company Trustees nominated and
elected by the Main Committee. Company Trustees shall be selected from former
Commodores of the Club. A Company Trustee may hold office as a Director of the
Company.
9.2.2.4 A list of Company Trustees is held in
the Clubhouse office available for inspection by members on request. 9.2.2.5 The duty of the Directors of the Company and the Company
Trustees is to ensure the security of the assets of the Company for the members
of the Club. Directors and Company
Trustees may not hold shares or other assets in the Company for personal
benefit. 9.3 Club
Trustees 9.3.1 There shall be at least three Trustees of the club who shall be
appointed from time to time as necessary by the Main Committee of the Club from
among full voting members who are willing to be so appointed. A Club Trustee
shall hold office during his/her lifetime or until he/she shall resign, by
notice in writing given to the Main Committee, or until a resolution removing
him/her from office shall be passed at a meeting of a General Meeting by a
majority comprising two-thirds of the members present and entitled to vote. 9.3.2 The property of the club shall be held by the Club 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 Club Trustee, the Main Committee shall
nominate a new Club Trustee in his/her place and shall as soon as possible
thereafter take all lawful and practical steps to procure the vesting of Club
property into the names of the Club Trustees as constituted after such
nomination. For the purpose of giving effect to such nomination the Commodore
for the time being is hereby nominated as the person to appoint new Club
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 nominated by the
Main Committee. 9.3.3 The Club Trustees shall in all respects act in regard to the
property of the Club held by them in accordance with the directions of the Main
Committee and shall have power to sell, lease, mortgage or pledge the club
property so held for the purpose of raising or borrowing money for the benefit
of the club in compliance with the Main Committee`s directions ( which shall be
duly recorded in the Minutes of the proceedings of the Main Committee following,
where necessary, agreement by the membership in General Meeting as per 7.3.8)
but no purchaser, lessee or mortgagee shall be concerned to enquire whether any
such direction has been given. 9.3.4 The Club Trustees shall be effectually indemnified by the Main
Committee out of the assets of the Club from and against any liability costs,
expenses and payments whatsoever which may be properly incurred or made by them
in the exercise of their duties or relation to any property of the Club vested
in them, or in relation to any legal proceedings, or which otherwise relate
directly or indirectly to the performance of the functions of a Club Trustee. 9.3.5 A
list of Club Trustees is held in the Clubhouse office available for inspection
by members on request. Section
10: Complaints 10.1 Complaints should be made in writing to
a member of the Main Committee and delivered to the Club premises.
An acknowledgement of the complaint will be made within five working days
of receipt, with information about how the complaint will be addressed and an
anticipated timescale for a response. It
is expected that all complaints will be investigated and a response made to the
complainant within six weeks. If the
matter is likely to take longer than six weeks, the complainant will be
informed. 10.2 If after a period of two months,
the complainant has not received a satisfactory response, he or she may appeal
to the Appeal Panel. 10.4 No personal reprimand is to be given by
a member to a Club employee other than by a Flag Officer or by an Officer,
member or employee of the Club who has been given specific written authority to
act on behalf of the Club. Section
11: Appeal Panel 11.1 The Main Committee shall appoint, with
their consent, a panel of 6-12 members to hear appeals where so provided in this
Constitution. Three members of the
Appeal Panel shall be drawn at random to hear a case and make a decision.
Any panellist so drawn shall be disqualified if s/he has been involved in
the case under review. A Flag
Officer or Main Committee member shall be appointed to liaise between the
appellant(s) and the appointed panel, and shall ensure the case is resolved and
reported in a timely fashion. 11.2 A list of the members appointed to the
Appeal Panel shall be available during office hours for inspection by any member
in the Club office. Section
12: Dissolution of the Club 12.1 If, upon the winding up or dissolution
of the Club and the Company, there remains after the satisfaction of its debts
and liabilities any property whatsoever, the same shall not be paid to or
distributed amongst the members of the Club.
A resolution to dissolve the Club shall be passed at a General Meeting.
The Committee shall dispose of the net assets remaining to one or more of the
following: 12.1.1
To another Club with similar sports purposes and/or 12.1.3
To the sport’s national governing body for use by them for related community
sports Section
13: Use of Club Funds The income and property of the Club howsoever
derived shall be applied solely towards the promotion of the objects of the Club
as set forth in these rules and no portion thereof shall be paid or transferred
directly or indirectly by way of dividend bonus or other distribution by way of
profit to the members of the Club. Section
14: Interpretation of Constitution/Club Rules 14.1 A copy of these Rules and any amendments
thereto shall be available for inspection by members at the Club premises during
Club hours. 14.2 If clarification is required, reference
shall be made to the RYA Model Constitution and other RYA guidelines, such as
those relating to meetings procedures, in order to interpret these Rules, or
adjudicate on matters not covered in these Rules. 14.3 Club Rules, Regulations and Bye-Laws
shall at all times comply with English law.
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