ISLAND BARN RESERVOIR SAILING CLUB
This is a certified true copy of the Club Rules as amended by the Annual General Meeting of 3rd February 2019 to be in force from that date.
............................................ Uta Griesenbach Commodore ............................................. John Oldham Honorary Secretary
Dated 3rd February 2019
1.1 The name of the Club is "Island Barn Reservoir Sailing Club".
1.2 The object for which the Club is formed is to provide for and encourage competitive
dinghy racing and family sailing and windsurfing. The Club shall be open to all in the
community who wish to pursue these objects, without discrimination.
2.1 Membership of the Club shall be open to anyone interested in the sport of sailing on application regardless of sex, age, disability ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may however be limited according to available facilities on a non-discriminatory basis. Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating.
The Club committee may refuse membership or subject to section 3 remove it only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal of membership may be made to the members using a mechanism devised by the committee at the time of the appeal.
2.2 There shall be the following categories of membership:
2.3 The Committee is empowered to enter into arrangements with other Clubs to allow their use of water and social facilities. Members of other clubs who have entered into such an arrangement will have such rights as are defined in the agreement made with their Club and will rank as members for the purpose of the bar licence.
2.4 A candidate for membership shall apply online or send to the Membership Secretary a form setting out his or her name and address and any other particulars prescribed by the Committee. The name and address of the candidate shall be promptly sent to the Committee. The candidate shall become a member immediately on paying the required fees, however the Committee reserves a right to rescind said membership within 14 days by a majority vote and fully refund all paid fees.
2.5 The Club on the recommendation of the Committee may in general meeting elect Honorary Members but the total number of such Honorary Members shall not exceed at any one time six in number.
3. Conduct of Members
3.1 Every member shall furnish the Membership 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.
3.2 Members allocated to a Duty Team shall attend for duty as indicated in the Club Programme, Dutyman or other such duty roster management system that the Club may use from time to time, or arrange for a substitute to attend on their behalf.
3.3 Any member other than a Cadet Member under the age of 16 may introduce as his or her guest any person provided that the member so introducing enters the name and address of the said guests in a book kept for such purpose. No guest may visit the Club premises more than six times in any calendar year.
3.4 Every member on joining the Club impliedly undertakes to comply with these Rules and any refusal or neglect to do so or any conduct which in the opinion of the Committee is either unworthy of a member or otherwise injurious to the interests of the Club shall render a member liable to expulsion by the Committee provided that before expelling a member the Committee shall call upon him/her for an explanation of his conduct and shall give him an opportunity of defending himself/herself or of resigning his/her membership. The vote on a resolution for expulsion shall be by ballot and the resolution shall only be carried if not less than three quarters of the members of the Committee present at such meeting vote in favour of the resolution.
4.1 The entrance fee, annual subscription and berth fee payable by each member shall be such amount as the Committee may from time to time prescribe and shall be payable on election and on the 1st April of each year. The current rates of Entrance and Subscription fees shall be prominently displayed on the Club premises.
4.2 Any member who has not paid his or her subscription by 1st May in any year shall be
requested in the name of the Committee to pay the same within 14 days and if his or her subscription is not paid by the 31st May his or her name may be removed from the list of members by the Committee. A member's name may be restored at the discretion of the Committee.
4.3 No member shall in any year be entitled to exercise any rights or privileges of
membership until their entrance fee and subscription for that year and all arrears (if any) are paid. (Ex 2.5)
5.1 If any entrance fees, membership fees, subscriptions or berth/trailer fees payable by any member or former member shall be three months or more in arrears, (or in respect of winter only or Wednesday series members, following one month from the end of the applicable series) and a boat and/or boat trailer the property of such member or former member remains on the Club premises, the Committee reserves the right to:
5.2 Following expiry of the three month period at 5.1 (b) above, the Committee
further reserves the right to:
5.3 Where the entrance fees, membership fees, subscriptions or berth/trailer
fees have been outstanding for a period of three or more years (or where a boat has been abandoned and the Club does not know, and could not reasonably be expected to know, who the owner is) then the Committee shall dispose of the boat/trailer in any manner it deems appropriate without the Committee having to show that reasonable steps have been taken to trace the member or former member, and if applicable, deem the cost of so doing and any arrears as aforesaid to be a debt owing the Club by the member or former member.
5.4 Where a boat and/or trailer is sold or disposed of in accordance with 5.2 (b), 5.2 (c) or 5.3 above, the proceeds of the sale (less all arrears/debts owed by the member or former member of the Club) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether they be the said member or former member or otherwise) for a period of six years from the date the fees and/or subscriptions first became payable, following which time they will be treated as a donation to the Club.
6.1 The officers of the Club shall consist of a Commodore, a Vice-Commodore, two Rear-
Commodores, an Honorary Secretary, an Honorary Treasurer and an Honorary Sailing Secretary who shall be elected at the Annual General Meeting in each year to hold office until the conclusion of the next Annual General Meeting. The retiring officers shall be eligible for re-election except that the Commodore and Vice-Commodore shall not hold the same office for more than three consecutive years.
6.2 No candidate for election to any office (other than the retiring officers) shall be proposed unless the name of such candidate and of his/her proposer and seconder shall have been sent to the Honorary Secretary at least one month before the date of the Annual General Meeting.
6.3 Only persons who have served for at least one year on the Committee shall be eligible
for nomination as Commodore.
7.1 The Committee shall consist of the Officers and the Chairman of the Bar Committee, the Trustees for the time being of the Club premises, and not more than eight members of the Club elected by the Club in general Meeting to hold office until the conclusion of the next Annual General Meeting.
7.2 Candidates for election to the Committee shall be those members of the retiring Committee who shall offer themselves for re-election and such other members of the
Club whose nomination duly proposed and seconded by members of the Club in writing shall have been sent to the Honorary Secretary before the commencement of the Annual General Meeting.
7.3 If a casual vacancy occurs by the death or resignation of a member of the Committee,
the Committee may co-opt a member to fill the vacancy to hold office until the
conclusion of the next Annual General Meeting.
7.4 If the number of candidates duly proposed and seconded exceeds the number of vacancies to be filled the election shall be by ballot.
7.5 The Committee shall manage the affairs of the Club according to the Rules. The Club is a non-profit making Club and surpluses shall be re-invested in the Club. This does not prevent the Club from making donations to another Community Amateur Sports Club (CASC) within the CASC scheme as defined by Section 18 of the Finance Act 2002 or to a charity. Such donations shall be agreed in General Meeting. This Rule shall apply to all funds of the Club including any annual surpluses declared in the accounts and no Club funds shall be distributed amongst the past or present membership as a whole.
7.6 The Committee shall make such bye-laws as it shall from time to time think fit as to the management of the Club's premises and the Club's activities. All persons becoming members of the Club shall impliedly undertake to observe such bye-laws at all times.
8.1 A Bar Committee consisting of not more than six members of the Club elected by the Club in General Meeting to hold office until the conclusion of the next Annual General
meeting shall exclusively control the purchase for the Club and the supply by the Club of intoxicating liquor which intoxicating liquor may only be sold for consumption by persons of over 18 years of age or over such other age as may from time to time be prescribed by law and who are entitled to use the Club premises in pursuance of the Rules and Bye-laws for the time being in force.
8.2 Subject to the requirements of the licensing authorities, the Bar Committee shall decide the times during which alcoholic refreshment may be supplied and such times shall be exhibited in the Club premises.
8.3 Rules 7.2, 7.3 and 7.4 shall apply to the Bar Committee as well as to the Committee.
8.4 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 supply 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.
8.5 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 treasurer or reviewers 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.
9.1 The Club's financial year shall run from the 1st October to the 30th September, in each year such accounts as the Committee deems necessary shall be prepared and audited at least once annually. At the Annual General Meeting in each year a member shall be appointed as Auditor whose duty it shall be to audit the accounts of the Club for the then current year. In the event of the person appointed as Auditor being unwilling or unable to act the Committee shall appoint a substitute who need not be a member of the Club.
10. Meetings of the Club
10.1 An Annual General Meeting shall be held on the first Sunday in the month of February in each year. The Honorary Secretary shall at least 14 days before the date of such meeting post or deliver to each member notice thereof and of the business to be brought forward thereat. Unless members individually specify to the contrary delivery of this notice shall include delivery by electronic means. A copy of the audited accounts shall be prominently displayed in the Club premises for at least 14 days immediately prior to the Annual General Meeting.
10.2 No business, except the passing of the Accounts and the election of Officers, Committee and Honorary Auditor and any business that the Committee may order to be inserted in the notice convening the Meeting shall be discussed at such meeting unless notice thereof be given in writing, by a member entitled to vote, to the Honorary Secretary at least six weeks before the date of the Annual General Meeting.
10.3 The Committee may at any time, on giving 14 days' notice, call a General Meeting of the Club for any specific business. The discussion at such General Meeting shall be confined to the business stated in the Notice sent to members.
10.4 The Committee shall call a General Meeting within one month of receiving a written request of thirty members entitled to vote at such General Meeting or of one fifth of the total numbers so entitled whichever number shall be the smaller. The discussion at such General Meeting shall be confined to the business stated in the Notice sent to members.
10.5 At the Annual General Meeting or a General Meeting of the Club, Full and Honorary members shall each have one vote. Cadet Members, Family Members, Associate and Non-Voting members shall be entitled to attend at such Meeting but shall not be entitled to vote.
11.1 Notice of any alteration or addition to the Rules intended to be proposed by a member of the Club shall be given to the Honorary Secretary in writing at least one month before the Annual General Meeting or any General Meeting at which the same is to be proposed and full particulars of any such proposed alterations, additions or amendments shall be set out in the Notice convening the Meeting.
11.2 All such proposed alterations, amendments or additions and any amendments thereto which may be proposed and seconded shall be put to the vote of the Meeting and, provided that on a show of hands or, if demanded, on a poll, not less than two-thirds of the members present and entitled to vote shall vote in favour of any proposed alterations, additions or amendments then the same shall be deemed to have been carried.
12.1 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, Associate or Honorary members who are willing to be so appointed. A Trustee shall hold office during their lifetime or until he or she shall resign, by notice in writing given to the Committee, or until a resolution removing him or her 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.
12.2 The Club enjoys the use of the Club Premises by virtue of the terms and subject to the conditions contained in a Lease dated 23rd June 1997 and made between the Trustees for the time being of the Club and Thames Water Utilities Ltd. These premises and all other property of the Club shall be held by the Trustees 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 or her 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 within the meaning of Section 36 of the Trustee Act 1925 and he shall by Deed duly appoint the person or persons so nominated by the Committee.
12.4 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 to any property of the Club vested in them, or in relation to any legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club. In every contract, lease, licence or other agreement entered into by the Trustees on behalf of the Club it shall be expressly stated that 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.
13.1 Members of the Club, their guests and visitors, may use the Club premises and any other facilities of the Club, entirely at their own risk and impliedly accept that:
13.2 Membership of the Club and acceptance of these rules by a member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.
14.1 If, upon the winding up or dissolution of the Club, there remains after the satisfaction of
all its debts and liabilities any property whatsoever, the same shall not paid or distributed amongst the members of the Club but shall be given or transferred to another CASC within the scheme for CASCs as defined in the Finance Act 2002, the sport’s governing body or a charity by Resolution passed at a General Meeting at or before the time of the dissolution.
Effective from 3rd February 2019