Constitution
TEIFI BOATING CLUB
Constitution, Rules and Byelaws
Contents
| Section | Title | Page Number |
| SECTION 1 | NAME AND OBJECTIVES …… | …3 |
| SECTION 2 |
OFFICERS OF THE CLUB …… |
…3 |
| SECTION 3 | MEMBERSHIP …… | …4 |
| SECTION 4 | MANAGEMENT COMMITTEE …… | …8 |
| SECTION 5 | TRUSTEES …… | ..11 |
| SECTION 6 | MEETINGS OF THE CLUB …… | ..12 |
| SECTION 7 | DISSOLUTION …… | ..13 |
| SECTION 8 | RIGHTS AND PRIVILEGES OF MEMBERS …… | ..13 |
| SECTION 9 | MANAGEMENT OF BOATYARD …… | ..14 |
| SECTION 10 | BYELAWS …… | ..15 |
| Appendix One | Disciplinary Proceedings …… | ..15 |
| Appendix Two | Describes the Club Insignia and Logo …… | ..17 |
| Appendix Three | Definition of Important Terms …… | ..17 |
SECTION 1 – NAME AND OBJECTIVES
1.1 The name of the Club shall be “The Teifi Boating Club” (herein after referred to in these Rules as the Club). The purposes for which the Club is formed shall be: -
1.1.2 To promote and facilitate the sport of boating on the Teifi estuary and adjacent waters as well as within the local community.
1.1.3 To promote and facilitate the sport of boating for young people within the community.
1.1.4 To promote and facilitate the sport of boating for people with learning and physical disabilities.
1.1.5 The promotion of good seamanship amongst members.
1.1.6 To promote the sport in accordance to the spirit of good sportsmanship enshrined within the RYA Race Charter.
1.1.7 And also to provide the social and other facilities for members as may be from time to time determined.
To achieve this, the Club may form sections – e.g. Sailing. Power. Ladies. Each of which may run a Youth subsection.
SECTION 2 – OFFICERS OF THE CLUB
2.1 OFFICERS OF THE CLUB
The Officers of the Club shall be Full or Combined/Family members of the Club and shall consist of a Club President, a Commodore, a Vice Commodore, Rear Commodores [representing each of the sections], an Honorary Secretary and an Honorary Treasurer. Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year.
2.1.1 All Officers of the Club shall be eligible for re-election.
2.1.2 The Commodore’s term of office shall not exceed three years
2.2 DUTIES OF THE HONORARY SECRETARY
The Honorary Secretary (and/or the Assistant Honorary Secretary) shall:-
2.2.1 Keep a register of Club members’ names and addresses.
2.2.2 Conduct the correspondence of the Club.
2.2.3 Keep custody of all Club documents.
2.2.4 Keep full Minutes of all executive meetings of the Club, the Committee and General Meetings, which shall be confirmed and signed by the appropriate chairperson upon the agreement of the Club, the Committee or sub-Committee at the next following meeting of the Club, the Committee or sub-Committee.
2.2.5 Administer such insurance policy or policies as may be needed to fully protect the interests of the Club, its Officers and its Members.
2.2.6 Maintain contact with the Club’s Legal Adviser to ensure that the Club’s affairs are managed in accordance with current law.
2.2.7 Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.
2.3 DUTIES OF THE HONORARY TREASURER
The Honorary Treasurer shall:-
2.3.1 Cause such accounts to be kept as are necessary to give a true and fair view of the state of the finances of the Club.
2.3.2 Cause all returns as may be required by law in relation to such accounts to be rendered at the due time.
2.3.3 Prepare an Annual Balance Sheet as at the 30th of September in each year and cooperate with the Auditors. Provide the Auditors with all the documents they require and any additional information they ask for. Thereafter cause the Annual Balance Sheet to be exhibited in the Club premises at least four days before the Annual General Meeting.
2.4 AUDITORS
2.4.1 The Committee shall appoint a chartered accountant to audit the Club’s affairs each year. The Club shall ratify the appointment of auditors at the Annual General Meeting in each year.
2.4.2 The Auditors 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;
SECTION 3 – MEMBERSHIP
3.1 CATEGORIES AND VOTES OF MEMBERSHIP
Membership of the Club shall be open to anyone interested in the sport of boating on application without discrimination as long as the applicant will not bring the Club in to disrepute. However, limitation of membership according to available facilities may from time to time occur on a non-discriminatory basis.
There shall be the following categories of membership with power to vote at all meetings of the Club as indicated hereunder. The rights and privileges of each category of’ member are as defined in the Rules and amended by the latest edition of the Byelaws of the Club.
3.1.1 A FULL LOCAL MEMBER - being a person who, at the date of election, is over the age of eighteen, shall have one vote and shall pay the full subscription.
3.1.2 A FULL COUNTRY MEMBER - being a person who, at the date of election, is over the age of eighteen AND PERMANENTLY RESIDES over 15 miles from the Clubhouse at Patch. He shall have one vote except on rule changes and is unable to be nominated or elected to the Committee. He shall pay the full subscription.
3.1.3 A COMBINED/FAMILY LOCAL MEMBER - which expression shall include one or two parents or partners (as may be) and all children under the age of eighteen or in continuous full time education. Each parent or partner shall have one vote and together shall pay the Combined/Family subscription.
3.1.4 A COMBINED/FAMILY COUNTRY MEMBER - which expression shall include one or two parents or partners (as may be) and all children under the age of eighteen or in continuous full time education, AND PERMANENTLY RESIDES over 15 miles from the Clubhouse at Patch. Each parent or partner shall have one vote except on rule changes and they are unable to be nominated or elected to the Committee. Together they shall pay the Combined/Family subscription.
3.1.5A JUNIOR LOCAL MEMBER – being a person who, at the date of election, is between the age of eight and eighteen. He or she shall have no vote at general meetings. Such a member shall be one who, at the commencement of the subscription year, joins the Club other than as a Full Member or a Combined/Family Member. Those junior local members who continue in full time education beyond the age of eighteen may continue to pay the junior subscription as the Committee sets from time to time. EXCEPT THAT a junior local member over eighteen at the date of the meeting shall have one vote. Such a member shall pay the junior subscription.
3.1.6A JUNIOR COUNTRY MEMBER – being a person who, at the date of election, is between the age of eight and eighteen AND PERMANENTLY RESIDES over 15 miles from the Clubhouse at Patch. He or she shall have no vote at general meetings. Such a member shall be one who, at the commencement of the subscription year, joins the Club other than as a Full Member or a Combined/Family Member. A junior country member over eighteen at the date of the meeting shall have one vote except on rule changes and they are unable to be nominated or elected to the Committee. Those junior country members who continue in full time education beyond the age of eighteen may continue to pay the junior subscription as the Committee sets from time to time.
3.1.7 AN HONORARY MEMBER of the Club is a non-member who has made an outstanding contribution to the Club – who shall be nominated and elected in the manner described in rule 4.2.10 and shall have no vote. The subscription fee is waived. HONORARY MEMBERSHIP is for a period of one year only.
3.1.8 AN HONORARY LIFE MEMBER - who shall be nominated and elected in the manner described in rule 4.2.11 shall have one vote. The subscription fee is waived.
3.1.9 A SOCIAL MEMBER - There shall be no Social members.
3.1.10 A TEMPORARY MEMBER - Temporary membership is available to visiting sailors [boat owners] and members of RYA affiliated Clubs on the recommendation of a Section Secretary and Officer of the Club. Maximum term four weeks in any year. Temporary members (except as in Rule 3.11) shall pay the current fee as set by the Committee. They may have use of the Club’s facilities and may take part in events but they may not be awarded Club trophies. They may attend section meetings but have no voting rights.
3.2 ELECTION AND RETIREMENT OF MEMBERS
3.2.1 CANDIDATES FOR ELECTION
Every candidate for membership (except candidates for Honorary Membership) shall complete an application form and submit it to the Honorary Secretary of the Club.
3.2.2 APPLICATION FOR MEMBERSHIP
An application for membership shall be in the form from time to time prescribed by the Committee and shall include the name and address of the candidate, along with any other data so desired.
3.2.3 ELECTION OF MEMBERS
Upon receipt of an application for membership, the Honorary Secretary shall cause the application form to be prominently displayed in the Club premises for at least fourteen days before the meeting of the Committee at which such application for membership shall be considered. The election of all classes of members is vested in the Committee and shall be by a simple majority vote of those members present and voting at the relevant meeting of the Committee. The Honorary Secretary shall inform each candidate in writing of the candidate’s election or non-election. He shall furnish an elected candidate with a copy of the Constitution, Rules and Byelaws of the Club and make request for such payments as are necessary. From this point any person elected as a member of the Club shall be bound by the Constitution, Rules and Byelaws of the Club in force from time to time. (See rule 3.4.1).
3.2.4 PAYMENT OF FEES UPON ELECTION
Upon election, a candidate shall pay, within one calendar month such Entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay is shown.
3.2.5 RETIREMENT OF A MEMBER
A member desirous of retiring from membership shall give notice in writing to the Honorary Secretary before the last day of November and shall not then be liable to pay the subscription for the following year. Upon re-application by a past member the Committee may, at its discretion, excuse the payment of an Entrance Fee.
3.2.6 CESSATION OF MEMBERSHIP
A member shall cease to be a member:-
i. Upon his death.;
ii. If he is convicted in a court of law and sentenced to a term of immediate imprisonment, provided that the Committee may reinstate him subject to such conditions as it deems fit if he applies for such reinstatement;
iii. If his membership is terminated in terms of any other provision of this Constitution
3.3 MEMBERSHIP SUBSCRIPTION FEES
The rate of Entrance and Subscription fee for each category of Membership shall be proposed by the Committee to the Members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following. The current rate of Entrance and Subscription fee shall be prominently displayed in the Club premises.
3.3.1 BOAT PARK FEES
Members shall also make the following annual payment:-
The annual boat park contract fees shall be proposed by the Committee to the Members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following. The current rate for the Boat Park Fees shall be prominently displayed in the Club premises.
3.3.1 DATE OF PAYMENT OF ANNUAL FEES
All members shall pay the Entrance Fee, their first Annual Subscription and where applicable, the Boat Park Fee upon election to the Club and thereafter on the first day of January in each year and no later than the 31st January. A member elected after the first day of October in any year shall not be required to pay any subscription in respect of the year of election, but shall pay, immediately after the AGM, the Entrance Fee and the annual subscription in respect of the year following election.
3.3.3 ARREARS OF SUBSCRIPTION
Any member paying after the 31st January shall incur an additional payment of such a sum as the Committee shall from time to time prescribe. The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other fees are more than one month in arrears provided that the Committee may, at its discretion, re-instate such members upon payment of arrears. No member whose annual payments are in arrears may use any of the Club’s facilities, enter any Club event or regatta or vote at any meeting.
3.3.4 CESSATION OF MEMBERSHIP AND SUBSCRIPTION FEES
A Member who has been expelled or suspended, or who has resigned during any year –
i. Shall remain liable for such payments, fees, subscriptions and boat park fee charges still due and unpaid by him;
ii. Shall not be entitled to recover any sums by reason of the termination or suspension of their membership prior to the end of the current subscription year.
3.3.5 NOTIFICATION CHANGE OF ADDRESS
Every member shall furnish the Honorary Secretary with an up to date 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. The transmission by electronic mail to such an e-mail address as is recorded in the Club’s records shall also be deemed to have been duly delivered.
3.4 CONDUCT OF MEMBERS
3.4.1 UNDERTAKING BY MEMBERS TO COMPLY WITH RULES AND BYELAWS OF THE CLUB
Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Rules and the 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.[Reference Rule 3.2.3.]
3.4.2 INDIVIDUAL BREACH OF DISCIPLINE
If a member of the Club wishes to make a complaint against a fellow member regarding his conduct then the procedure set out below shall be followed.
A complaint in writing shall be submitted immediately to the Honorary Secretary outlining the grievance or incident. The statement shall be signed and dated by the complainant. If there are witnesses to the said incident, then they shall also supply a written statement signed and dated to the Honorary Secretary.
3.4.3 DISCIPLINARY PROCEEDINGS AND THE EXPULSION OF MEMBERS
In the event of a written complaint against a member of the Club being received by the Honorary Secretary, the Honorary Secretary shall adopt and institute proceedings outlined in Appendix One - DISCIPLINARY PROCEEDINGS
3.5 GUESTS IN THE CLUB
The Club Premises shall not be used by outside organisations without the prior approval of the Committee.
3.5.1 Members shall enter the names of all guests in the Visitor’s Book. The same guest may not be introduced more than six times in one calendar year.
3.5.2 The Committee shall allow a limited number of occasions, not exceeding ten in one year, when non-members may be served with intoxicating liquors during normal licensing hours.
3.5.3 Exceptionally, the Committee may authorise the entry of a party of guests whose names shall be entered in the Visitor’s Book in the usual manner.
3.5.4 The Committee shall have full power to allow the lounge and the adjoining wet area of the Club’s premises to be used by outside bodies for private functions between the 2nd of January and the 31st of December in any one year.
3.6 DAMAGE TO CLUB PROPERTY
A member shall not knowingly remove, injure, destroy or damage any property of the Club and shall make restitution for the same if called upon to do so by the Committee, or by the Honorary Secretary upon the instruction of the Committee.
3.7 EXHIBITING OF NOTICES
A member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of the Honorary Secretary.
3.8 SETTLEMENT OF ACCOUNTS
A member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any Byelaw relating to the settlement of such indebtedness.
3.9 SUGGESTIONS
All suggestions shall be signed by the Member and placed in the Suggestions Box.
3.10 COMPLAINTS RELATING TO THE MANAGEMENT OF THE CLUB PREMISES
Complaints of any nature relating to the management of the Club premises or its affairs shall be addressed in writing to the Honorary Secretary. Under no circumstances shall a servant of the Club be personally reprimanded by a member.
3.11 MEMBERS OF OTHER R.Y.A. CLUBS
A member of any Club affiliated to the RYA may be authorised to use the premises of the Club by any member of the Committee of the Club. Such authorisation shall specify between which dates (not being more than fourteen days apart) the said person may use the premises.
3.12 .1 COMPETITORS IN CLUB RACES
Any visitor who is a competitor or crew member in any race or contest sponsored by or on behalf of the Club is entitled to the use of the Club premises and to purchase intoxicating liquor for consumption on the premises by such person or his guest, within a period of 24 hours before and after the race or contest in which they are competing.
3.12.2 RYA RACE CHARTER.
Any person who is a competitor or crew member in any race or contest sponsored by or on behalf of the Club shall abide by the guidelines outlined in the RYA RACE CHARTER. [RYA RULE 69]
3.13. POWER TO EXPEL THOSE ADMITTED UNDER RULES 3.11 OR 3.12
The Honorary Secretary or any other person who has received the authority of two members of the Committee may expel, temporarily or permanently, any visitor who has the right to the use of the Club premises only under Rules 3.11 and 3.12.
3.14 APPLICATION OF THE RYA RACE CHARTER.
The Committee or any Sub Committee appointed to run or organise a competitive event shall have at their disposal recourse to the RYA RACE CHARTER regarding RYA RULE 69 with respect to all disciplinary issues at the event.
3.15 LIMITATION OF CLUB LIABILITY
Members, their guests and visitors are bound by the following Rule which shall also be exhibited in a prominent place within the Club premises:-
3.15.1 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 impliedly accept that:
i. The Club shall not accept any liability for any damage to or loss of property belonging to members, their guests or visitors to the Club.
ii. The Club shall 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 or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the Officers, Committee or Servants of the Club.
3.16 COMMERCIAL OPERATIONS BY MEMBERS
The Club facilities may not be used for commercial operations by members without the written consent of the Committee.
SECTION 4 – MANAGEMENT COMMITTEE
4.1 CONSTITUTION OF COMMITTEE
The Management Committee (herein referred to as ‘the Committee’) shall consist of the Officers of the Club, the retiring Commodore as an Ex officio member, Section Secretaries, Yardmaster and six Full or Combined/Family members of the Club elected at the Annual General Meeting each year, to hold office until the termination of the next following Annual General Meeting. In addition the Committee shall also have an elected representative of the Junior members and children of Combined /Family members within the ages of eight and eighteen (or in full time education) who shall have the same voting right as the other members of the Committee. All members of The Committee shall be members of the Club who are permanently resident within a radius of 15 miles from The Clubhouse, The Patch, Gwbert.
4.1.2 CANDIDATES FOR ELECTION TO COMMITTEE
Candidates for election to the Committee (not being Officers of the Club, Section Secretaries or the Yardmaster) shall be those members of the retiring Committee, who have served less than the last three consecutive years, offering themselves for re-election, duly proposed and seconded in writing by Full or Combined/Family members and such other Full or Combined/Family members whose nominations (duly proposed and seconded in writing by Full or Combined/Family members of the Club) with their consent shall have been received by the Honorary Secretary at least twenty eight days before the date of the Annual General Meeting in each year. All such nominees shall reside permanently within fifteen miles of The Clubhouse, The Patch, Gwbert. Such nominations, together with the names of the Proposer and Seconder shall be posted in the Club premises at least fourteen days prior to the date of the Annual General Meeting.
4.1.3 YOUTH CANDIDATE FOR ELECTION TO COMMITTEE
Those Junior Members below the age of eighteen and children of Local Combined /Family members within the ages of eight and eighteen (or in full time education) shall elect from amongst themselves a youth representative to the Committee of the Club, that representative shall be over the age of sixteen years and shall have the same right to vote as a full member of the Committee of the Club. (See rule 4.1) All such nominees shall reside permanently within fifteen miles of The Clubhouse, The Patch, Gwbert. Such nominations, together with the names of the Proposer and Seconder shall be posted in the Club premises at least fourteen days prior to the date of the Annual General Meeting.
4.1.4 ELECTION OF COMMITTEE BY BALLOT
If the number of Candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.
4.1.5 NO CONTEST FOR ELECTION
If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election
4.1.6 EQUALITY OF VOTES
In the event of a ballot failing to determine the members of the Committee because of an equality of votes, the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
4.1.7 CASUAL VACANCY
If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Local Full or Local Combined/Family member to fill such a vacancy until the next following Annual General Meeting.
4.1.8 RETIRING COMMODORE EX OFFICIO
A retiring Commodore shall serve as an ex officio member of the Committee in the year immediately following his retirement.
4.1.9 COMMITTEE MEETINGS
The Committee shall meet at least every two months making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The Commodore, or in his absence a Chairman elected by those present, shall preside.
4.1.10 VOTING AT COMMITTEE
Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of equality of votes, the Commodore or Chairman (as the case may be) shall have a second and casting vote.
4.1.11 QUORUM
Five members personally present shall form a quorum at a meeting of the Committee. In the absence of the Honorary Secretary one member shall act as the secretary for the purpose of recording the Minutes of the meeting.
4.1.12 THE COMMITTEE MEMBER CEASES TO BE A MEMBER OF THE COMMITTEE WHEN:
i. He fails to attend 60% of possible Committee meetings over 12 months unless extenuating circumstances shall apply.
ii. He ceases to be a member of the Club;
iii. He resigns from office;
iv. He becomes insolvent or assigns his Estate for the benefit of his creditors;
v. He is convicted in a court of law and sentenced to a term of immediate imprisonment.
vi. Dereliction of duty as deemed by a decision supported by three-quarters of the Committee members.
POWERS OF THE COMMITTEE
4.2 MANAGEMENT OF CLUB BY COMMITTEE
The Committee shall manage the affairs of the Club according to the Rules and Byelaws and shall cause the funds of the Club to be applied solely to the objects of the Club, or for a benevolent, or charitable purpose nominated by General Meeting.
4.2.1 POWERS TO MAKE BYELAWS
The Committee shall make such Byelaws 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 Byelaws shall remain in force until approved or set aside by a vote at a General Meeting of the Club.
4.2.2 PUBLICATION OF RULES AND BYE-LAWS:
All Rules and Byelaws in force shall be prominently displayed in the Club premises.
4.2.3 APPOINTMENT OF SUB-COMMITTEES
The Committee may appoint such Sub-Committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by 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 shall be ex-officio members of all such Sub-Committees.
4.2.4 AUTHORITY TO UNDERTAKE AND SANCTION PAYMENT OF A PROJECT
All Sub-Committees shall have the approval of the Committee before undertaking any project and shall be satisfied that the work has been completed to their satisfaction before recommending payment for the said project.
4.2.5 AUTHORITY TO PLEDGE CREDIT
The bar steward and specified officers have authority to pledge the Club’s credit only to the limit agreed by the Committee for that year. These specified officers of the Club shall be determined by the Committee from time to time as is thought fit.
4.2.6 AUTHORITY TO BORROW MONEY FOR CAPITAL PROJECTS
In the event of the Committee wishing to borrow money to fund a bona fide capital project for the Club, it shall first seek the express authority of the membership at a General Meeting.
4.2.7 DISCLOSURE OF INTEREST TO THIRD PARTIES
A member of the Committee, of a Sub-Committee, or any officer of the Club, in transacting business for the Club, shall disclose to third parties that he is so acting.
4.2.8 LIMITATION OF MEMBERS LIABILITY
The Committee, or any person or Sub-Committee delegated by the Committee to act as agent for the Club or its members, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in General Meeting, pledge the credit of the membership.
4.2.9 MEMBERS’ INDEMNIFICATION OF COMMITTEE
In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them; or any one of them 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.
The limit of any individual member’s indemnity in this respect shall be a sum equal to one years’ subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.
4.2.10 NOMINATION OF HONORARY MEMBERS BY COMMITTEE
The Committee may nominate for election at an Annual General Meeting such Honorary Members as the Committee may think fit. The total of such Honorary Members shall not however, at any time, exceed six in number.
The election of Honorary Members shall be put to the vote at the Annual General Meeting each year, and such Honorary Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.
4.2.11 NOMINATION OF HONORARY LIFE MEMBERS BY COMMITTEE
The Committee may nominate for election at an Annual General Meeting such Honorary Life Members as the Committee may think fit.
The election of Honorary Life Members shall be put to the vote at the Annual General Meeting each year, and such Honorary Life Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.
The spouse or partner of an Honorary Life Member shall be deemed to enjoy the same privileges as the Honorary Life Member and such privileges shall extend to any surviving spouse or partner following the death of the Honorary Life Member.
4.2.12 PURCHASE AND SUPPLY OF EXCISABLE GOODS
The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively and solely under the control of the Committee, or of a special Sub-Committee appointed by the Committee.
Intoxicating liquor may only be sold for consumption on the Club premises to persons over the age of eighteen who are entitled to the use of the Club premises in pursuance of the Rules and, Byelaws for the time being in force. No Junior Member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the Club premises nor may a Junior Member under the age of sixteen purchase or attempt to purchase tobacco or cigarettes within the Club premises.
4.2.13 HOURS OF SALE OF EXCISABLE GOODS
Subject to the requirements of the Licensing Authorities, the Committee shall cause the Club bar to be opened at convenient times (and such times shall be prominently exhibited in the Club premises) for the sale of excisable goods to persons who are entitled to the use of the premises of the Club in pursuance of these Rules (except Junior Members as aforesaid): PROVIDED THAT Visitors’ names and addresses and the name of their introducer shall have been entered in the Visitor’s Book upon entry to Club premises.
4.2.14 PROFITS FROM SALE OF EXCISABLE GOODS
No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Any profit deriving from the sale of such goods shall (after deduction of the costs of providing such goods for the benefit of the Club) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the Club.
4.2.15 ACCOUNTS RELATING TO EXCISABLE GOODS
Proper accounts of all purchases and receipts shall be kept and presented at the Annual General Meeting in each year and such information as the Honorary Secretary, Honorary Treasurer or Auditors may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.
4.2.16 EMPLOYMENT OF STAFF
To appoint and terminate the employment of staff for the Club and to arrange their conditions of employment and remuneration.
SECTION 5 – TRUSTEES
5.1 NUMBER OF AND TERMS OF REFERENCE
There shall be at least three Trustees of the Club who shall be appointed from time to time as necessary by the Committee of the Club from among Full, Combined/Family or Honorary Life Members who are willing to be so appointed. A Trustee shall hold office during his lifetime or until he shall resign, by notice in writing given to the Committee, or until a resolution removing him from office shall be passed at a meeting of the Committee by a majority comprising two thirds of the members present and entitled to vote.
5.2 PROPERTY OF CLUB VESTED IN TRUSTEES
All the property of the Club, including land and investments, shall be held by the trustees for the time being in their own names so far as is necessary and practicable, on trust for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee, the Committee shall nominate a new Trustee in his place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Trustees as constituted after such nomination. For the purpose of giving effect to any such nomination the Honorary Secretary for the time being is hereby nominated as the person to appoint new Trustees of the Club within the meaning of the Trustee Act and he shall by Deed duly appoint the person or persons so nominated by the Committee.
5.3 POWERS OF TRUSTEES
The Trustees shall in all respects act, in regard to any property of the Club held by them, in accordance with the directions of the Committee and shall have power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee’s directions (which shall be duly recorded in the Minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
5.4 INDEMNITY OF TRUSTEE FROM CLUB
The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or in relation of 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 LIMITATION OF LIABILITY OF CLUB TRUSTEES
The liability of the Trustees for the performance of any contractual or other obligation undertaken by them on behalf of the Club shall be limited to the assets of the Club.
(To be incorporated in every contract, lease, license or other agreement entered into by the Trustees of the Club).
SECTION 6 – MEETINGS OF THE CLUB
6.1 ANNUAL GENERAL MEETING
An Annual General Meeting of the Club shall be held each year before the end of November on a date to be fixed by the Committee. The Honorary Secretary shall, at least fourteen days before the date of such meeting or any General Meeting as herein after mentioned, post or deliver to each member notice thereof and of the business to be brought forward thereat or, with the approval of the Committee, display such notice on the Club notice board.
6.2 BUSINESS AT ANNUAL GENERAL MEETING
No business, except the passing of the accounts and the election of the Officers, Committee and 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 is given in writing, proposed and seconded, by members entitled to vote, to the Honorary Secretary at least forty two days before the date of the Annual General Meeting. The Annual General Meeting shall include as a minimum :-
6.2.1 Presentation of the annual report of the outgoing Committee
6.2.2 Presentation of the financial statements for the preceding financial year ended 30th September
6.2.3 Election of Officers for the ensuing year
6.2.4 Election of Section Secretaries and Yardmaster for the ensuing year
6.2.5 Election of the Committee for the ensuing year
6.2.6 Election of Honorary Life members and Honorary members, if any
6.2.7 Proposal for Honoraria to the Honorary Secretary and Honorary Treasurer.
6.2.8 Proposal of the entrance fee, subscription fees and boat park fees for the year commencing the 1st January in accordance with the provisions of Rules 3.3. & 3.3.1
6.2.9 Confirmation of the Club’s Auditors
6.2.10 Confirmation of the Club’s Legal Representative
6.2.11 Confirm or set aside of any Rule or Byelaw created by the out going Committee
6.3 SPECIAL GENERAL MEETING
The Committee may at any time, upon giving twenty one 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.
6.4 GENERAL MEETING UPON REQUEST OF MEMBERS
The Committee shall similarly call a General Meeting upon a written request addressed to the Honorary Secretary by at least twelve members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
6.5 CHAIRMAN AT MEETINGS
At every meeting of the Club the President or the Commodore or, in their absence, a Chairman elected by those present shall preside.
6.6 QUORUM AT MEETINGS
Fifteen members entitled to vote and personally present shall form a quorum at any meeting of the Club.
6.7 ENTITLEMENT TO VOTE AT MEETINGS
Only Full, Combined/Family and Honorary Life Members shall vote at any Meeting of the Club. The Junior Representative on the Committee shall also be entitled to one vote. Other members may attend but are not entitled to vote.
6.8.1 VOTING AT MEETINGS
Voting, except upon election of officers and members of the Committee, shall be by show of hands.
6.8.2 EQUALITY OF VOTES
In the case of equality of Votes the Chairman shall have a second or casting vote.
6.8.3 VOTING ON RULE CHANGE
On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule or Byelaw of the Club, such Rule or Byelaw 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 7 – DISSOLUTION
7.1 The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.
7.2 The Committee shall then be responsible for the orderly winding up of the Club’s affairs.
7.3 If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid to or distributed amongst the Members of the Club, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Club, such institution or institutions to be determined by the members of the Club by Resolution passed at a General Meeting at or before the time of the dissolution and if and so far as, effect cannot be given to such provision, then to some charitable object.
SECTION 8 – RIGHTS AND PRIVILEGES OF MEMBERS
8.1 RIGHTS AND PRIVILEGES OF MEMBERS
The rights and privileges of each category of membership shall be as follows:
8.1.1 A FULL LOCAL MEMBER shall have the full use of all the Club facilities.
8.1.2 A FULL COUNTRY MEMBER shall have the full use of all the Club facilities.
8.1.3 A COMBINED/FAMILY LOCAL MEMBER, his/her spouse or partner and all children under the age of eighteen or in continuous full-time education shall have the full use of all the Club facilities subject only to Rule 4.2.12 and any Byelaws affecting children under the age of fourteen.
8.1.4 A COMBINED/FAMILY COUNTRY MEMBER, his/her spouse or partner and all children under the age of eighteen or in continuous full-time education shall have the full use of all the Club facilities subject only to Rule 4.2.12 and any Byelaws affecting children under the age of fourteen.
8.1.5 A JUNIOR LOCAL MEMBER shall have the full use of the entire Club facilities subject only to Rule 4.2.12 and any Byelaws affecting children under the age of fourteen.
8.1.6 A JUNIOR COUNTRY MEMBER shall have the full use of the entire Club facilities subject only to Rule 4.2.12 and any Byelaws affecting children under the age of fourteen.
8.1.7 AN HONORARY MEMBER shall have the full use of all the Club facilities.
8.1.8 AN HONORARY LIFE MEMBER shall have the full use of all the Club facilities.
8.1.9 A TEMPORARY MEMBER (which expression may include members of another RYA affiliated Club or organisation) shall have the full use of all the Club facilities but:
i. Shall have no right to enter Club races or regattas unless specifically authorised by the Honorary Secretary or Committee.
ii. Shall have no right to introduce visitors to the Club or the facilities thereof.
iii. Shall have no right to take any part in the management of the Club.
iv. Is deemed to have notice of and impliedly undertakes to comply with the Club Rules and Byelaws as if he or she were a member of the Club and as far as the said Rules and Byelaws may be deemed to apply to such Temporary Member.
v. Shall be liable to be expelled from the Club premises or prohibited from using Club facilities if, in the opinion of the Honorary Secretary, he or she shall not have reasonably complied with the above conditions.
8.2 LIVE-ABOARDS:
No person (including any member of the Club), may live on board any vessel or vehicle on Club premises without the permission of the Committee.
8.2.1 Live-aboard fees may be charged. Such fees shall be determined by the Committee, at its sole discretion, from time to time.
SECTION 9 MANAGEMENT OF BOATYARD
9.1 ANNUAL BOAT PARK CONTRACT
Before a boat and trailer is left on Club land, a completed annual boat park contract and the appropriate fee shall have been received by the Club Secretary.
9.2 VESSEL AND TRAILER IDENTIFICATION
There shall be clear identification markings on the vessel and trailer, which reproduce the details provided in the annual boat park contract.
9.3 ALLOCATED SPACE
The boat and/or trailer shall be parked only in the position allocated to it by the Yardmaster acting for the Committee. From the time of allocation the area occupied by the trailer and/or boat shall be maintained in a tidy and seamanlike manner by the owner of the boat.
9.4 THE ANNUAL BOAT PARK CONTRACT IS VESSEL SPECIFIC
The annual boat park contract is vessel specific and is not transferable.
9.5 THIRD PARTY INSURANCE COMPLIANCE
All boats shall carry Third Party Insurance while stored in the boat park of at least £2,000,000.
9.6 REMOVAL OF UNUSED BOATS
Any boat that is not used on the water for two consecutive years shall be removed from Club land at the end of the second season (unless exceptional circumstances are proved to the Committee). The Club Committee has the right to remove or dispose of any boat or trailer on Club land that does not comply with these Rules.
9.6.1 ADDITIONAL FEES FOR BOATS UNUSED IN ANY ONE YEAR
Any boat owner that does not use his/her boat on the water in any one year – 1st January to 31st December -will be liable for an additional fee equivalent to the annual fee for that year
9.7 LOSS AND/OR DAMAGE TO BOAT OR TRAILER
The Club shall not be held liable for loss or damage to any boat and/or trailer on Club land whether or not complying with these Rules.
9.9 ABANDONED BOATS
In addition to the powers given to the Committee under Rule 3.3.3 and Rule 4.2.1 hereof if, at any time, any fees payable to the Club by any member or former member shall be three months or more in arrears and a vessel the property of a member or former member, remains upon the Club premises, the Committee may:
i. Move the vessel to any other part of the Club premises without being liable for any loss or damage
to the Vessel howsoever caused.
Section 9.6 Amended/ Section 9.6.1 Added 24th October 2008
ii Give one month’s notice in writing to the member or former member at his last known address as shown in the Club Register and thereafter sell the vessel and deduct any monies due to the Club (whether by way of arrears of subscription or annual payments, boat park fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member.
iii Alternatively, if the vessel is unsaleable, after giving notice in writing as aforesaid, dispose of the vessel in any manner the Committee may think and deem the cost of doing so and any arrears as aforesaid to be a debt owing to the Club by the member or former member.
iv Further, the Club shall at all times, have a lien over members’ or former members’ boats parked on the Club’s premises or Club moorings in respect of all monies due to the Club, whether in respect of arrears of annual boat park fees or subscriptions or otherwise.
PROVIDED ALWAYS THAT:
Proper evidence is available to show that all reasonable steps have been taken to trace a member or former member and that when and if the vessel is sold the proceeds of sale (less any indebtedness by the member or former member to the Club) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member or otherwise) for a period of six years.
SECTION 10 BYELAWS
10.1 DRESS CODE
A reasonable standard of dress shall be observed in the lounge.
10.2 CONTROL OF DOGS
No dogs (except service dogs) may be brought, into the Clubhouse. Elsewhere on Club premises dogs must be kept under their owners control at all times.
10.3 ADMITTANCE OF CHILDREN
Children under fourteen years of age may only be allowed to remain in the Club after 22.00 hours provided that they are under the supervision of an adult
10.4 CONTROL OF CAR PARKING
Cars may only be parked in areas designated for parking so as not to cause an obstruction.
10.5 OPENING OF CLUB PREMISES
The Club premises shall be open to members at such times, as the Committee shall direct and such times shall be prominently displayed in the Clubhouse.
10.6 GAMING MACHINE
The gaming machine may only be used in compliance with the current legislation.
Appendix One - DISCIPLINARY PROCEEDINGS
(Reference rule 3.4.3 DISCIPLINARY PROCEEDINGS AND THE EXPULSION OF MEMBERS)
In the event of a written complaint against a member of the Club being received by the Honorary Secretary, the Honorary Secretary shall acknowledge the receipt of that complaint in writing.
The complaint shall then be dealt with as part of the business at the next full Committee meeting. If it is the opinion of the Committee that the complaint is a breach of Club discipline or Rules, a letter shall be sent to the accused member. The letter shall request an explanation of the member’s conduct and may include a request to resign. The member who is subject to this procedure has 28 days in which to reply in writing, to the Honorary Secretary.
At the following full Committee meeting the Committee adopts the following routes:
- In the event of a minor misdemeanor, a letter offering a full apology to all parties is received then that letter is recorded in the Minutes and a copy appended to the Club notice board for the members. The matter is then adjudged closed.
- If the member refuses to respond to the Committee’s letter then the Committee shall automatically terminate the membership of that member.
- If the Committee deems it a serious breach of discipline or the issue is disputed, then the alleged incident shall be placed before the Disciplinary Sub-Committee. [Authority for this comes from Rule 4.2.3]
- The Honorary Secretary shall write to all parties notifying them of their actions.
Procedures for Sub-Committees
There shall be a Disciplinary Sub-Committee which shall –
1.1 Consist of four full Committee members and the Vice-Commodore who shall act as the Chair of the Disciplinary Sub-Committee. One member of the Disciplinary Sub-Committee shall be appointed to minute the meeting. In the event of a Committee member being directly involved in the disciplinary incident then he may not sit upon the Disciplinary Sub-Committee. Additional members of the Disciplinary Sub-Committee may be appointed by the Committee from time to time from amongst the Local Full and Local Combined/Family Members of the Club. Decisions shall be taken on a simple majority.
1.2 Have power to inquire into and decide on charges against members, and to impose such penalty, including fines, as they deem fit including the right to suspend or expel Members who have duly been found guilty of –
1.2.i A willful breach of the provisions of this Constitution, Rules or of the Byelaws of the Club;
1.2.ii Conduct prejudicial to the interests or reputation of the Club; or
1.2.iii Conduct unbecoming a member; or
1.2 .iv Non-payment of any amount owing by a Member to the Club including any fine imposed by the Disciplinary Sub-Committee;
1.3 Have power to summarily suspend a Member pending an enquiry if the Disciplinary Sub-Committee considers that the circumstances warrant such a suspension provided that the enquiry in terms of 1.2 shall in that event take place within ten days of such a suspension.
1.4 Each incident shall be judged upon its merits and the Disciplinary Sub-Committee shall communicate their adjudication in writing to the Committee, the accused and the complainant including any penalty that might be imposed.
1.5 The Committee shall document the disciplinary decision in the Minutes of the following meeting
1.6 All members shall render reasonable assistance to the Disciplinary Sub-Committee (including a person appointed by it) in investigating and deciding on disciplinary matters.
1.7 An appeal may be lodged from any decision or order made by the Disciplinary Sub-Committee to the Committee, provided that –
1.7.i A notice of appeal shall be lodged with the Honorary Secretary within seven (7) days of the date of the decision or order appealed against;
1.7.ii The members of the Appeal Sub-Committee who consider the appeal were themselves:
a. Not members of the Disciplinary Sub-Committee.
b. Not directly involved in the disciplinary incident.
1.7.iii The quorum at the hearing of such appeal shall be five (5). The Commodore shall act as the Chair of the Appeal Sub-Committee. One member of the Appeal Sub-Committee shall be appointed to minute the meeting. Additional members of the Appeal Sub-Committee may be appointed by the Committee from time to time from amongst the Local Full and Local Combined/Family Members of the Club. Decisions shall be taken on a simple majority
1.8 The Appeal Sub-Committee shall have the power to confirm, alter or set aside, in any manner whatever, any such decision or order.
1.9 Each incident shall be judged upon its merits and the Appeal Sub-Committee shall communicate their adjudication in writing to the Committee, the accused and the complainant including any penalty that might be imposed.
1.10 The Committee shall document the Appeal Sub-Committee decision in the Minutes of the following meeting
1.11 A member expelled or suspended shall have no rights of access to any Club premises or use of Club facilities. In the case of expulsion any property including boat(s) and/or trailer(s) shall be removed from Club premises within one (1) calendar month. In the case of suspension there shall be no right of access or use of Club facilities within the period of suspension. Boat(s) parked within Club premises can only be accessed with the prior consent of the Yardmaster.
1.12 All disciplinary hearings will take place within the confines of the Clubhouse at The Patch, Gwbert, Cardigan.
Appendix Two Describes the Club Insignia and Logo.
CLUB INSIGNIA
The Club motif/logo shall consist of the letters TBC of which the letter T resembles the shape of an anchor. The Club’s name shall appear above or below the logo and its colour may vary depending upon its use: examples of which shall be retained with the Club records for reference purposes.
The Club flag shall consist of a gold Club motif and a white swan superimposed on a navy blue background. A pennant or burgee will be of the same design but differ in shape and size: an example of which shall be retained with the Club records for reference purposes.
The Club tie shall consist of a gold Club motif on a navy blue background, examples of which shall be retained with the Club records for reference purposes.
Appendix Three Definition of Important Terms
Honorary Life members shall consist of members who have rendered distinguished service to boating or the Club and who, on the recommendation of the Committee, have been elected as such by the Club in an annual general meeting. Honorary Life members They shall have all the rights and obligations of Ordinary members save that they shall be exempted from all further liabilities for subscriptions. Any reference to “ordinary members” in this Constitution or any Byelaws made there under shall be deemed to include a reference to Life members save in so far as it relates to an obligation to pay subscriptions.
Honorary members shall consist of persons who have been proposed for such membership by the Committee and voted for at the annual general meeting for no more than a year at a time for good cause. This category applies to non-members. Hon’ members have no voting rights.
Honorary Secretary/Honorary Treasurer – As we do not have paid officers of the Club they are referred to as Honorary ……
President – President is an Officer of the Committee. He has voting rights in Committee. He can vote at an AGM or an EGM as a member of the Club and with a casting vote as chairperson of a meeting.
The Flag Officers, being the Commodore, Vice-Commodore and three Rear-Commodores, one of whom shall be ranked as Rear-Commodore Ladies, another as Rear-Commodore Power and the third as Rear-Commodore Sailing.
AN Ex Officio Member – an example being the retiring commodore within one year of their retirement has no voting rights in Committee.
Entrance Fee – Is equivalent to a joining fee. The sum is confirmed at the AGM and is applied to any category of membership except Junior members.
Subscription – Is the sum confirmed at the AGM and is dependent upon the category of membership.
Boat Park Fees – Is the sum confirmed at the AGM and is dependent upon the category of boat.
Lien -(legal term) a legal charge upon real or personal property for the satisfaction of some debt or duty.
Youth; is not to be confused with Junior membership although that may well be the category of membership applicable to such an individual. Youth designation is relevant to training and competitive status in the context of the Club and the promotion of our sport within that sector of the community.
REPEAL
All previous Rules and Byelaws are repealed, and are replaced by these Rules and Byelaws.
AGM – 2008
TBC/Rules
Of Note
Review of Constitution and Rules instigated December 2004.
Advice & Research – Information gathered from:-
Open letter to the Club
The RYA – Specimen Rules
RYA – Legal Affairs Dept
Research of the content of other club constitutions
Ceredigion County Council – Licensing Authority
Inland Revenue – CASC & Charitable Status Dept
CCPR – CASC Registration documentation
Deloittes – CASC/Charity registration
Review of the Draft Constitution by Mr Edmund Whelan, – Head of Legal Affairs, – The RYA.
Reviewed in Sub Committee April to May 2006
Reviewed in Committee September 25th 2006
Reviewed by the Club’s Solicitor – October/November 2006
Passed by the membership at a Extra General Meeting, The Patch, Gwbert – Friday 12th January 2007
Section 9.6 Amended and Section 9.6.1 added by the membership at the AGM 24th October 2008