Burry Port Yacht Club

Club Rules (As at 1st April 2011)

Section A : Name and Objects

Section B : Officers

Section C : Membership

Section D : Management Committee

Section E : Trustees

Section F : Meetings of the Club

Section G : Dissolution of the Club

Section A - Name and Objects

A1       The name of the Club shall be "The Burry Port Yacht Club" (hereinafter referred to in these Rules as the Club) and the burgee shall be a Welsh hat on crossed hatchets.

A2       The object for which the Club is formed is to promote and faciliate marine activities and also to provide social and other facilities for members as may be from time to time determined.

A3       The Club is a non profit making organisation. All profits and surpluses will be used to maintain or improve the Club's facilities. No profit or surplus will be distributed.

Section B - Officers

B1       The officers of the Club shall be single or family members of the Club and shall consist of a President, a Commodore, a Vice-Commodore, an Honorary Secretary, an Honorary Treasurer and an Honorary Membership Secretary. 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. All officers of the Club shall be eligible for re-election.

B2       Candidates for election to any of the Officer's posts shall be those whose nominations (proposed and seconded by single or family members of the Club with their consent) shall have been placed on the official notice situated on the Club notice board not later than 28 days prior to the Annual General Meeting.

DUTIES OF HONORARY SECRETARIES etc.

B3       The Honorary Secretary (and the Honorary Membership Secretary) shall : (a) keep a register of the Club members' names and addresses, and

(b) conduct the correspondence of the Club, and

(c) keep custody of all Club documents, and

(d) keep full minutes of all meetings of the Club, the Committee and Sub-committee which shall be confirmed and signed by the appropriate chairman upon the agreement of the Club, the Committee or Sub-committee at the next following meeting of the Club, the Committee or Sub-committee, and

(e) see to the maintenance of such insurance policy or policies as may be needed to fully protect the interests of the Club and its members, and

(f) maintain contact with the Club's legal advisor to ensure that the Club's affairs are managed in accordance with current law.

B4       The Honorary Treasurer shall :

(a) cause such books of account to be kept ar are necessary to give a true and fair view of the state of finance of the Club, and

(b) cause all returns as may be required by law in relation to such accounts to be rendered at the due time, and

(c) prepare an annual balance sheet as at 31st December in each year and cause such balance sheet (and accounts as necessary) to be audited at least once annually and shall thereafter cause the same to be exhibited in the Club premises at least 14 days before the date of the Annual General Meeting.

The Honorary Auditor shall :

(a) be appointed at the Annual General Meeting in each year, and

(b) 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 requred by the Committee, and

(c) if the Honorary Auditor is unwilling or unable to act, inform the Committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting.

Section C - Membership

CATEGORIES OF MEMBERSHIP

C1       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 members are as defined in the latest edition of the Byelaws of the Club.

A SINGLE MEMBER : being a person, who at the date of election to membership is at least the age of 18 years, shall have one vote.

A FAMILY MEMBER : which expression shall include one or two parents (as may be) and all children under 18 years of age. The family unit shall have one vote for each parent.

A CADET MEMBER : being a person who at the date of election is over the age of 14 years and under the age of 18 years and who joins the Club other than as a Family Member, shall have no vote.

AN HONORARY MEMBER : who shall be nominated and elected in the manner described in Rule D18 shall have no vote.

A TEMPORARY MEMBER : being a person on whose behalf any Single or Family Member shall apply to the committee for authorisation to use the Club. If granted, such authorisation shall specify between which dates (not being more than 14 days apart and not more than twice a year) the Temporary Member may use the Club. A Temporary Member shall have no vote.

C2 Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or premises.

C3       The total membership of the Club shall be decided at the Annual General Meeting.

MEMBERSHIP ENTRANCE AND SUBSCRIPTION FEES

C4 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 1st day of January in the year following. The current rate of entrance and subscription shall be promonently displayed on the Club premises.

C5       Members shall also make the following annual payments :

a) an annual boat permit fee of such sum as the Committee shall from time to time prescribe which shall entitle a member to a space in the Club's boat park, and

b) such an annual sum as shall from time to time be demanded to defray the Club's subscription to the RYA as a fully affiliated club.

C6       All members shall pay the entrance fee (if any) and their first annual subscription upon election to the Club and thereafter on 1st January in each year; provided that a member elected after 1st June in any year shall pay half the annual subscription applicable for that year and that a member elected after 1st November in any year shall not be required to pay any subscription in respect of the year of election, but shall pay, on election, the entrance fee and the annual subscription in respect of the year following election. V.A.T. at the current rate shall be added to the entrance and subscription fee.

C7       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.

C7A    Membership of the Club and acceptance of these Rules by the member will be deemed to constitue consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.

ELECTION AND RETIREMENT OF MEMBERS

C8       Every candidate for membership (except Honorary Members) shall be proposed and seconded by a Single or Family Member of the Club, both of whom must be personally acquainted with the candidate.

C9       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 and the signature of the proposer and seconder.

C10     Upon receipt of an application for membership, the Honorary Secretary shall enter such application in a Register of Candidates and shall cause the same to be prominently displayed in the Club premises for at least 14 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 Management Committee and shall be by a simple majority vote of those members present and voting at the relevant meeting of the Management Committee. The Honorary Membership Secretary shall inform each candidate in writing of the candidates election or non-election. He shall furnish an elected candidate with a copy of the Rules and Byelaws of the Club and make request for such payments as are necessary.

C11     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 be shown.

C12     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 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.

C13     The Committee may cancel, without notice given, the membership of any member whose annual subscription and other annual fees are more than 3 months in arrears provided that the Committee may, at its discretion, reinstate such member upon payment of arrears. No member whose annual payments are in arrears may enter any Club event or regatta nor vote at any meeting.

CONDUCT OF MEMBERS

C14     Every member, upon election and thereafter, is deemed to have notice of and impliedly undertakes to comply with the Club Rules and the current 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. Provided that, before expelling a member, the Committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning. A resolution to expel a member shall be carried by a simple majority vote by those members of the Committee present and voting on the resolution

C15     Members may introduce and entertain friends at the Club's premises and a visitors book shall be kept at the Club premises in which both member and friend shall sign. The member introducing the guest must accompany him and shall be responsible for his guest strictly observing the Club rules. No member introducing a guest shall permit his guest to pay for any refreshment. No member may introduce the same person as a guest more than 3 times in any one year. The Management Committee may suspend any member who takes undue advantage of this privilige to the detriment of the Club. No person whose membership has been terminated shall be allowed to be introduced as a guest.

C16     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 instructions of the Committee.

C17     A member shall not cause any communication in whatever form to be exhibited on the Club notice boards or premises without permission of the Honorary Secretary.

C18     Complaints of any nature relating to the management of the Club premises shall be addressed in writing to the Honorary Secretary. Under no circumstances shall a servant of the Club be personally reprimanded by a member.

C19     A member of HM Coastguard, serving RNLI crew member or member of any Club recognised by the Royal Yachting Association (a list whereof is published by the said Association) 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 14 days apart) the said person may so use the premises.

C20     Any person who is a competitor or crew member in any marine activity sponsored by or on behalf of the Club is entitled to use the Club premises within a period of 24 hours before and after the event in which they are competing.

C21     The Honorary Secretary or any other person who has received the authority of two members of the Committee, may expel, temporarily or permanently, any person who has the right to use the Club premises only under rules C19 and C20.

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 :

C22     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 :

a)         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;

b)         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 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.

 

Section D - Management Committee

CONSTITUTION AND PROCEDURE

D1       The Management Committee (herein referred to as "the Committee") shall consist of the Officers, ex officio and not more than 6 Single or Family members of the Club elected at the Annual General Meeting each year to hold office for the period defined in Rule D2.

D2       At the Annual General Meeting each year all Committee members shall stand down. Retiring members shall be eligible for re-election.

D3       Candidates for election to the Committee shall be those whose nominations (proposed and seconded by Single or Family members of the Club) with their consent shall have been placed on the official notice situated on the Club notice board not later than 28 days prior to the Annual General Meeting.

D4       If the number of candidates, duly proposed and seconded, shall exceed the number of vacancies to be filled, the election at the Annual General Meeting shall be by ballot.

D5       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.

D6       In the event of the ballot failing to determinate the member 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.

D7       If for any reason a casual vacancy shall occur, the Committee may

co-opt a Single or Family member to fill such a vacancy until the next following Annual General Meeting.

D8       A retiring Commodore shall serve as ex officio Rear Commodore in the year immediately following his retirement.

D9       Voting at Committee meetings (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of an equality of votes the Commodore or Chairman (as the case may be) shall have a second or casting vote.

D10     Five members personally present shall form a quorum at a meeting of the Committee.

POWERS OF THE COMMITTEE

D11     The Committee shall manage the affairs of the Club according to the Rules 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 the Committee.

D12     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 14 days before the date of implementation. Such byelaws shall remain in force until approved or set aside by a vote at a Committee meeting.

D13     Any matter not covered by the Rules or any dispute arising out of these Rules shall be decided upon by the Committee whose decision shall be final.

D14     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 the 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.

D15     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.

D16     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 an Annual General Meeting or an Extraordinary General Meeting pledge the credit of the membership.

D17     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 liability 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 an individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by an Annual General Meeting or an Extraordinary General Meeting.

D18     Any Single or Family member of the Club may nominate any person or persons for election by the Committee as Honorary Members, such person or persons shall only be elected if two thirds of those present at the meeting, and entitled to vote, vote in favour of election.

D19     The Burgee and other distictive articles of dress shall be approved by the Committee.

PURCHASE AND SUPPLY OF EXCISABLE GOODS

D20     The purchase for the Club of excisable goods and the supply of the same on Club premises shall be exclusively and solely under the control of the Committee, or of a special sub-committee appointed by the Committee.

D21     Intoxicating liquor may only be sold for consumption on the Club premises by persons over the age of 18 years who are entitled to use the Club premises in pursuance of the Rules, Byelaws and Regulations for the time being in force. No member under the age of 18 years may purchase or attempt to purchase intoxicating liquor within the Club premises nor may a member under the age of 16 years purchase or attempt to purchase tobacco or cigarettes within the Club premises.

D22     Subject to the requirements of the licensing authorities, the Committee shall cause the Club bar to be opened at convenient times (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 members as aforesaid). PROVIDED THAT visitors' names and addresses and the name of the introducer shall have been entered in the Visitors Book upon entry to the Club premises.

D23     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 cost 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.

D24     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 or Honorary Auditor 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.

Section E - Trustees

E1       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 Single, Family or Honorary 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.

E2       All 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 Sec. 36 of the Trustees Act 1925 and he shall by Deed duly appoint the person or persons so nominated by the Committee.

E3       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 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.

E4       The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against 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 legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.

Section F - Meetings of the Club

F1       An Annual General Meeting of the Club shall be held each year in the month of March on a date to be fixed by the Committee. The Honorary Secretary shall, at least 14 days before the date of such meeting, deliver to each member notice thereof and of the business to be brought forward thereat.

F2       No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees 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 before 1st February prior to the Annual General Meeting.

F3       The Committee may, upon giving 14 days notice in writing on the Club notice board, call an Extraordinary General Meeting of the Club for any specific business, the nature of which shall be stated in the summons convening the meeting, and discussion at such meeting shall be confined to that business only.

F4       The Committee shall similarly call an Extraordinary General Meeting upon written request addressed to the Honorary Secretary by at least 12 members.

F5       The Committee may, upon giving 14 days notice in writing on the Club notice board call an informal meeting to discuss general matters.

F6       The Committee shall similarly call an informal meeting upon a written request addressed to the Honorary Secretary by at least 12 members.

F7       Decisions taken at informal meetings shall be placed before the Committee as recommendations only.

F8       Twelve members entitled to vote and personally present shall form a quorum at any meeting of the Club.

F9       Only Single and Family members shall vote at any meeting of the Club. Other members may attend but are not entitled to vote.

F10     Voting, except upon the election of members of the Committee, shall be by show of hands.

F11     In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than election of members of the Committee.

F12     On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule, such Rule 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 G - Dissolution of the Club

G1       If, upon 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 be paid to or distributed amongst the members of the Club but shall be given or transferred to some 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 an Extraordinary General Meeting at or before the time for dissolution and if and so far as effect cannot be given to such provision then to some charitable object.