ISLAND BARN RESERVOIR SAILING CLUB
This is a certified true copy of the Club Rules as amended by the Annual General Meeting of 02 February 2014 to be in force from that date .
Gareth Griffiths Commodore
Clare James Honorary Secretary
Dated: Feb 2014
1. Name and Object
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 There shall be the following categories of membership:
·Full member - being a person who, at the date of election, is aged 18 or over
·Family member - being the partner or child under Eighteen years of age, of a full
·Cadet member - being a person who, at the date of election and at subsequent renewals, is under the age of eighteen and does not qualify as a family member.
·Honorary member - who shall be elected as hereinafter set out in Rule 6
·Associate member - being a person who has previously been elected as a Full or Cadet member or who has been a Family member or a person who is related to a Full
or Cadet member but is not eligible to be a Family member and who the Committee is
satisfied will not be using the Club on a regular basis.
·A Non-Voting member - being a person who wishes to use the facilities of the Club for a limited period to be specified from time to time by the Committee. This may include day sailing, membership for a specified racing series only, membership for taking part or assisting in training sessions and entry to Open Meeting racing. The parent or guardian of a Cadet member shall automatically become a Non-Voting memberwhen present at the Club for the purpose of supervising that Cadet member.
2.2 The Committee is empowered to enter into reciprocal arrangements with other Sailing
Clubs to allow the mutual use of sailing 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.
2.3 A candidate for membership shall send to the Membership Secretary a form setting out
his or her name and address and any other particulars prescribed by the Committee. Every candidate for membership shall be nominated by one member and seconded by
another member. The name and address of the candidate shall be prominently displayed in the Club Premises for at least fourteen days before the election takes place. Persons who are candidates for membership have no privileges whatsoever in relation to the use of the Club or its Premises.
2.4 Members other than Honorary Members may be elected at any meeting of the Committee duly convened for that purpose. Candidates may, and on the request of any
one member of the Committee shall, be elected by ballot on a simple majority vote. In
the event of a tied vote, the Commodore shall have an additional casting vote. Each candidate shall be informed in writing of his or her election or non-election and if elected
shall be furnished with a copy of the current Rules and 8yelaws of the Club.
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. Removal/Disposal of Boats
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:
(a) Move the boat and/or trailer to any other part of the Club premises at the owners risk, without any liability whatsoever for any loss or damage to the boat (and/or any property/sails stored on the boat) howsoever caused; and/or
(b) Give three months' notice in writing to the member or former member at his or her last known address as notified to the Membership Secretary that the boat will be disposed of in accordance with 5.2 below unless the outstanding monies are paid in full or the boat/trailer removed by the end of the three month period.
5.2 Following expiry of the three month period at 5.1 (b) above, the Committee
further reserves the right to:
(a) Take over the ownership of the boat/trailer and use as a club boat. Should the Committee elect to exercise this clause then the amount due for outstanding fees will be frozen at the point the boat becomes a club boat and further debts (for example for future years subscriptions/berthing or trailer fees) will not accrue. The member or former member can reclaim
ownership of the boat/trailer at any time by paying the outstanding fees in full. The Club will not accept any liability for normal wear and tear during any period of use as a club boat; and/or,
(b) Sell the boat and deduct all monies due to the Club from the net proceeds of sale before accounting for the balance (if any) to the member or former member, provided that proper evidence is available to show that reasonable steps have been taken to trace a member or former member; and/or,
(c) Alternatively if the boat is in a poor/unfit condition, and/or proves unsaleable after giving notice in writing under 5.1 (b) above, dispose of the boat in any manner the Committee may think fit and deem the cost of so doing and any arrears as aforesaid to be a debt owing the Club by the member or former member
5.3 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 six 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. Bar Committee
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.
9.1 The Club's financial year shall run from the 1st October to the 30th September in each year and an Annual Balance Sheet and such other 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. New Rules, Amendments and Alterations
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 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.
12.3 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. .
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. Limitation of Club Liability
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:
(i) The Club will 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 will not accept any liability for personal injury arising out of the use of the Club premises and any other facilities of the Club, or out of participation in any
race organised by the Club, whether 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 the officers, committee or servants of the Club.
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. Dissolution of the Club
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 sports governing body or a charity by Resolution passed at a General Meeting at or before the time of the dissolution.
Effective from 02 February 2014