1. NAME
The name of the Club
shall be the "Middle Nene Sailing Club." Its colours shall be White Ground, Two
Red Chevrons and Blue Star. The Club shall be an 'Affiliated Club Member' of the
Royal Yachting Association.
2. OBJECTS
The
objects of the club shall be:
a.
To foster the interests of small boat and board
sailing and racing
b.
To provide
facilities for members for their enjoyment, convenience and safety.
c.
To secure the
future of the club for the benefit of its members.
3. MEMBERSHIP
The Club shall
consist of a President, Commodore, Vice Commodore, Rear Commodore Sailing, Rear
Commodore House, Rear Commodore Training, Past Commodores, General Secretary,
Treasurer, Membership Secretary, Sailing Secretary, Race Secretary, House
Secretary, Training Secretary, Harbourmaster,
Public Relations Secretary and New Member
Representative. In addition there shall be Members. All classes of membership
are considered to be Sailing Membership except Social and Angling Only
Membership.
4. TERMS OF ADMISSION
Each candidate for
membership shall be proposed by a member and seconded by another member. Every
proposal shall be in writing and signed by the proposer and seconder, and be
made by sending to the Membership Secretary a printed application form properly
filled in and accompanied by an entrance fee, subscriptions due and boat or
board fees. Such proposal shall be submitted to the General Committee at its
next meeting which shall proceed to the election or rejection of the candidate
by simple majority. If the candidate is rejected his or her payment shall be
refunded.
5. PROOF OF MEMBERSHIP
Members shall produce
proof of membership on the request of the General Committee or any person
authorised by the General Committee.
6. JUNIOR MEMBERS
An applicant for
membership who is over the age of eight years and under the age of nineteen
years at the date of his or her application, and who is also under the age of
nineteen years on the 31st March in the subscription year in which his or her
application is made, may be admitted to junior membership.
Children of members are not required to pay membership fees until the age of
twelve years.
Youth Groups shall be admitted to membership on the following basis.
(a) A Group shall
consist of adult members of the group who are members of the Club, or
Complimentary members and children who are eligible as Junior Members (under
Rule 6).
(b) The Group Leader
shall nominate to the Membership Secretary:-
(1) The members of
the Group.
(2) An adult member
of the Group who shall be responsible for payments of the Group subscription,
boat and board fees and any other monies due and to act as the boat/board fee
paying member on behalf of the group.
(3) The proposed
dates and times of the Group's visits.
(c) Youth Group
Junior Members shall have no voting rights.
(d) Youth Group
Members shall comply with the Rules and Bye-laws of the Club.
(e) The Group shall
include at least two adult members who are Members or Complimentary Members of
the Club.
7. YOUNG ADULT MEMBERS
An applicant for
membership who is over the age of eighteen years or is twenty one years of age
and will be under the age of twenty two years on the 31st March of the
subscription year in which his or her application is made, may be admitted to
young adult membership. Junior members will become Young Adult members from the
1st April after attaining the age of Eighteen years.
8. SOCIAL MEMBERS
Social Members may be
admitted to the Club to use the land based facilities other than angling subject
to approval of the General Committee.
Any Social Member
wishing to change to sailing membership must have paid or shall pay the current
applicable entrance fee and balance of the current year's subscription.
9. ANGLING ONLY MEMBERS
Angling Only Members
may be admitted to the Club’s estate to use the water margins and certain land
based facilities subject to the approval of the General Committee.
Any Angling Only Member wishing to sail or Sailing Member wishing to angle shall
become a Combined Sailing/Angling Member and pay the balance of the current
year’s subscription.
10. TEMPORARY MEMBERS
Members of R.Y.A.
recognised Yacht Clubs may be admitted to temporary membership upon application
to the Membership Secretary. Other applicants for Temporary Membership must be
about to undergo or are undergoing an Adult Training Course. Temporary
membership shall cease upon the expiration of the period covered by the last
subscription paid. Temporary membership shall not be granted for a period to
exceed one month in any one year.
Temporary members
shall not be entitled to receive notice to attend a General Meeting of the Club.
Notwithstanding these
provisions, visiting helms and their crews who are visiting the Club's waters in
connection with an Open Meeting or Frostbite Series sailing, shall be admitted
to temporary membership for the duration of the fixture without payment of
subscriptions.
11. HONORARY MEMBERS
Honorary Membership, without the payment of membership
fees, is conferred on members and their spouses, and others, for exemplary
service to the Club.
Honorary Members shall be elected
annually at the Annual General Meeting provided written notice of any such
nomination is given to the Secretary by the preceding 31st day of August.
12. OUT-PORT MEMBERS
Out-Port membership
is open to a member who after two or more years with the Club, moves to reside
permanently beyond a seventy-five mile radius from the Club, and who does not
continue to use a boat or board on the Club's waters. Out-Port members shall
have no voting rights.
13. COMPLIMENTARY MEMBERS
Complimentary Members
shall be elected by and at the discretion of the General Committee.
14. AFFILIATION
Members shall
automatically be affiliated members of the Middle Nene Cruising Club.
Members of the Middle
Nene Cruising Club are affiliated members of the Club.
15. SAFETY
All persons afloat on
the Clubs waters, shall wear a properly fitting and fastened buoyancy aid
complying as a minimum with European Standard CEN reference EN 393 (Buoyancy
aids – 50N).
16. KEY HOLDERS
Junior, Temporary, Lapsed, Resigned, Expelled or
Affiliated members may not be issued, hold, or use an access key.
17. SUBSCRIPTIONS
The Annual
Subscriptions shall be paid direct to the Membership Secretary. The annual
subscription of members shall be due and payable on the 1st April each year for
the twelve months expiring on 31st March.
18. CESSATION OF MEMBERSHIP
Members shall cease
to be members:-
(a) By non-payment of
subscription. Any person whose membership has ceased from this cause shall not
again be nominated for membership unless he or she previously pays all arrears
due from him or her at the time of his or her ceasing to be a member.
(b) By expulsion under Rule 33
(c) By resignation,
but any member wishing to resign must send written notice to the Membership
Secretary and the notice must be accompanied by any outstanding subscriptions
and fees.
19. LAPSED OR RESIGNED MEMBERS
Any member, who has
not paid his or her subscription or part payments by post dated cheques, by the
1st May, shall cease to be a member, and his or her name shall be erased from
the list of members. The Membership Secretary shall post in the Club premises,
as soon as possible after the 1st May, the names of such persons who have ceased
to be members. Lapsed, resigned, or expelled members, may not take part in the
Club’s affairs, have no right of access to the Club, and may only enter the Club
as provided under Rule 21 – Club Guests. A member whose membership has ceased
shall return all access and or locker keys together with any Club property. A
lapsed, resigned, or expelled member who desires to rejoin the Club will require
to be re-elected and will be liable for an entrance fee.
20. PROPERTY OF LAPSED OR FORMER MEMBERS
If at any time
subscription or other fees payable to the Club by any member or former member is
more than one month overdue.
(a) The General
Committee shall be entitled, upon giving one month's notice in writing to the
member or former member at his last known address shown in the register of
members, to sell any boat or property of such member or former member and to
deduct any monies due to the club (whether by way of subscriptions or fees, or
such storage charges as the General Committee shall consider appropriate to
impose, or otherwise), from the net proceeds of sale before accounting for the
balance (if any) to the member or former member.
(b)
Alternatively,
any
boat
or
property
which
in
the
opinion
of
the
General Committee cannot be sold, may upon such
notice as aforesaid, be disposed of
in any manner the General Committee think fit,
and the expenses recovered from the member or former member.
(c) Further, the club
shall at all times have lien over members or former members' boats or boards
parked or moored on the Club's premises or club moorings and over members or
former members' property in respect of all monies due to the Club whether in
respect of arrears of boat or board fees, subscriptions, or for storage or
otherwise.
21.
CLUB GUESTS
Members may introduce
a maximum of three guests, at any one time, to the Club, subject to such
restrictions and regulations as the General Committee may make. The member
introducing him or her shall be responsible for all liabilities incurred by him
or her on his or her behalf. The guests, and the members introducing him or her,
shall sign their names in a book kept for that purpose, immediately on entry to
club property. The same visitor may not be brought to the Club site on more than
four occasions during the Season, except for organised social functions as
defined below.
Persons other than
members and their guests may be admitted to the club premises and purchase and
consume on such premises intoxicating liquor at organised functions, which
organised functions shall not exceed nine in any one year where persons other
than members and their guests are permitted.
22. CLUB MANAGEMENT
The affairs of the
Club shall be directed and managed by the General Committee. In addition there
shall be a Sailing Committee, a House Committee and a Training Committee
subordinate to the General Committee, which are responsible for all sailing,
racing and board sailing activities, social and domestic, and training
activities respectively.
(a) The Officers of
the Club shall consist of:-
1. President
2. Commodore
3. Vice Commodore
4. Rear Commodore
Sailing
5. Rear Commodore
House
6. Rear Commodore
Training
7. Past Commodores
8. General Secretary
9. Treasurer
10. Membership
Secretary
11. Sailing Secretary
12. Race Secretary
13. House Secretary
14. Training
Secretary
15. Harbour Master
16. New Member
Representative
17. Public Relations
Secretary
With the exception of
the President and the Past Commodores all the Officers shall be elected each
year at the Annual General Meeting. The Commodore, on retiring from that office,
shall ipsofacto become a Past Commodore and shall continue to hold that office
until he or she resigns or ceases to be a member of the Club.
b) The General
Committee shall consist of three members elected each year at the AGM together
with the General Secretary, Treasurer, Membership Secretary, Harbour Master and
New Member Representative. Six members form a quorum.
c) The Sailing
Committee shall consist of three members together with the Sailing, Race and
Public Relations Secretaries elected each year at the Annual General Meeting
together with the Fleet Captains as defined in the Bye Laws. Four members form a
quorum
(d) The House
Committee shall consist of three members and House Secretary elected each year
at the Annual General Meeting. Three members form a quorum.
(e) The Training
Committee shall consist of three members and Training secretary elected each
year at the Annual General Meeting. Three members form a quorum.
(f) The Flag Officers
are the Commodore, the Vice Commodore and the Rear Commodores, and the immediate
past Commodore.
(g) No member shall
be eligible to hold the office of Commodore for more than two successive years,
except by special approval of the Annual General Meeting.
(h) The Commodore
shall Chair the General Committee, the Rear Commodore Sailing shall Chair the
Sailing Committee, the Rear Commodore House shall Chair the House Committee and
the Rear Commodore Training shall Chair the Training Committee.
(i) The President and
Flag Officers shall be ex-officio to all Committees and Sub Committees.
(j) The above
Committees shall have the power to co-opt and co-opted members shall have the
right to vote, at their respective committees.
(k) The President
shall chair any meetings, as are required, of the Trustees.
(l) In cases of any
casual vacancy in the above Committees, the Committee concerned may appoint any
member to act until the next Annual General Meeting.
23. REGISTER OF MEMBERS
The General Secretary
shall keep such register of members, minutes of proceedings of the General
Meetings and other records of the Club and the Treasurer shall keep such books
of account as the General Committee may from time to time direct. The Membership
Secretary shall keep a record of subscriptions paid and unpaid on display at the
Club premises and take such actions as the General Committee direct to obtain
payment of subscriptions due.
24. MEMBERSHIP LIST
The
General Committee shall in the event of intoxicants being consumed in the Club
House, keep thereat a list of the names and addresses of the members, as
required by the Licensing Acts. Every member shall within 14 days give notice to
the General &/ or Membership Secretary of any change in his or her address.
25. THE GENERAL COMMITTEE
The General Committee
shall manage the affairs of the Club in accordance with these rules and make or
repeal bye-laws for the good conduct of the Club. Such bye-laws shall, provided
they are not inconsistent with these rules for the time being, be binding on all
members and be construed as part of these rules until they are rescinded. The
General Committee shall be responsible for the purchase of drinks and other
supplies and their sale from the bar.
26. ANNUAL GENERAL MEETING
The Annual General
Meeting shall be held at a convenient date in September.
27. EXTRAORDINARY GENERAL MEETINGS
The General Committee
may at any time, and shall on the requisition of any ten members stating the
business for which it is required, convene an extraordinary general meeting for
any special purpose.
28. NOTICE OF GENERAL MEETINGS
The General Secretary
shall, at least fourteen days before any general meeting send to every member at
his or her address in the Club books a notice of such meeting stating the time
when and place where it will be held and the business that will be brought
before it. No business, other than that of a formal nature, shall be brought
forward at any General Meeting unless notice thereof shall have been duly given
as herein provided.
29. VOTING
At all General Meetings every question shall be
decided by a majority of votes. Every member, excluding junior, social, angling
only,
temporary, complimentary, outport and affiliated members, shall have one vote
and in the case of equality of votes the Chair shall have a casting vote. The
quorum at a general meeting shall be twenty members (entitled to vote) present
in person.
30. RESOLUTIONS
At any
meeting a declaration by the Chair that a resolution has been carried or carried
by a particular majority, or lost or not carried by a particular majority,
shall be conclusive.
31. CLUB PROPERTY
There
shall be not more than four Trustees of the Club. The first trustees shall be
appointed by the General Committee and the Property of the Club (other than cash
which shall be under the control of the Treasurer) shall be vested in them to be
dealt with by them as the General Committee shall from time to time direct by
resolution of which entry in the Minute Book shall be conclusive evidence. The
Trustees shall be indemnified against risk and expense out of the Club property.
The Trustees shall hold office until death or resignation or until removed from
office by a resolution of the General Committee which may for any reason which
may seem sufficient to a majority of the members of the Committee present and
voting at any meeting remove any trustees from the Office of Trustee. Should it
become necessary to appoint a new or additional trustee the General Committee
shall by resolution nominate the person or persons to be appointed as new
trustee or trustees. For the purpose of giving effect to such nomination the
President of the Club is nominated as a person to appoint new trustees of the
Club within the meaning of the Trustee Act 1925 Section 36 and he or she shall
by Deed appoint the person or persons so nominated by the Committee as the new
trustee or trustees of the Club and the provisions of the Trustee Act 1925 shall
apply to any such appointment.
Any statement of the
fact in any Deed of Appointment shall in favour of the person dealing bona fide
and for value with the Club or the Committee be conclusive evidence of the facts
so stated. The Trustees shall stand possessed of the property of the Club to
hold, sell, lease, mortgage or otherwise deal with the same in accordance with
the Club’s Rules and Byelaws.
32. CLUB ACCOUNTS
The General Committee
shall cause to be prepared by a qualified accountant every year a statement of
receipts and expenditure made up to 31st March which shall be submitted to the
members at the then next Annual General Meeting.
33. CONDUCT OF MEMBERS AND DISCIPLINARY PROCEDURE
a. Every member on joining the Club, by implication, undertakes to comply with
these rules and the current Byelaws. Any refusal or neglect to do so, or any
conduct which, in the opinion of the General Committee, is either unworthy of a
member or otherwise injurious to the interests of the club, shall render a
member liable to expulsion by the General Committee. Minor disciplinary matters
will usually be dealt with informally involving discussions between a General
Committee member(s) and the member(s) in question. If these do not bring about
an improvement or there is a further disciplinary offence the following formal
procedure will used. It shall be the duty of the General Committee, if in their
opinion the interests of the Club so require, to invite by letter, such member
to withdraw from the Club within a time specified in such letter, and, in
default of such withdrawal to submit the question of his or her expulsion to a
General Committee Meeting to be held within six weeks after the date of such
letter. At such meeting, the member whose expulsion is under consideration shall
be allowed to offer an explanation of his or her conduct verbally or in writing,
and if thereupon two thirds or more of the committee members present shall vote
for his or her expulsion, he or she shall thereupon cease to be a member of the
Club. It shall be in the power of the General Committee to exclude such member
from the Club premises until such General Committee Meeting shall be held. A
member expelled under this rule shall forfeit all right and claim upon the Club
and its property. A notice under this rule shall be held to have been duly given
if sent by pre-paid post to the address of the member appearing in the Club
books. Appeal against expulsion may be made to the members in an Extraordinary
General Meeting.
b. Complaints of any nature relating to the
management of the club and its premises shall be addressed in writing to the
General Secretary. Under no circumstances shall a servant of the club be
personally reprimanded by a member.
34. RULE OBSERVANCE
All members shall
observe the rules of the river and sailing water, and the rules and bye-laws of
the Environment Agency.
35. RULE CHANGES
These rules may not be altered or repealed, or new
rules made except at the Annual General Meeting, or at an Extraordinary General
Meeting duly summoned for the purpose, except that the permitted hours fixed
under rule 36
shall be within the control of the General
Committee subject to notice to the local Licensing Authority.
36. PERMITTED BAR HOURS
The club has a 24
hour bar licence but the bar will only be open under the supervision of a
committee member.
37. DISCLAIMER
The Trustees,
Officers and Committees of the Middle Nene Sailing Club cannot accept
responsibility for any injury to persons or, effects to persons resulting from
contaminated water, or loss of or damage to property while on Club premises or
water.
38. RULES
Every member shall
be furnished with a copy of these Rules and be bound thereby.
39. FINANCIAL GAIN
No member shall make
any financial gain from any activity on Club premises unless authorised by the
General Committee.