- The Club shall be called Wimbleball Sailing Club.
- The object of the Club shall be the encouragement of amateur sailing and the provision and maintenance of a Club House and sailing facilities at Wimbleball Lake, Somerset.
- The Club Burgee shall be the silhouette of a goose in flight.
- The Club shall consist of Honorary Members, Life Members (granted before September 2007), Ordinary Members, and Temporary Members. Only Members who have attained the age of 18 years shall be entitled to vote at any Club or Committee meeting.
- Any person, within the age group specified in Rule 7 may apply for Ordinary Membership, and no application for any such membership shall be refused upon unreasonable grounds, including in particular, grounds involving religious, racial, political or social discrimination. All applications for any such membership will be considered strictly in the order in which they are received, and if any such application is refused, the Committee will be prepared, if asked so to do by the unsuccessful applicant, to state their reasons in writing.
|ADMISSION AND PROPOSAL OF CANDIDATES ORDINARY MEMBERS:|
- Admission to all classes of membership shall be by election of the Committee, and every candidate for such membership shall be proposed by one Member and seconded by another and all applications for membership shall be made in writing to the Membership Secretary or Honorary Treasurer and shall be signed by the candidate, and the proposer and seconder, one of which must be a Committee Member.
|ORDINARY MEMBERSHIP CATEGORIES:|
- Family Membership gives membership to a husband, his wife and their children under the age of 18 years on 1st March in any year.
- Individual Membership. Age 16 years and over on 1st March in any year.
- Crew Membership. Non-boat owners of any age.
- Student Membership. Under 22 years on 1st March in any year and in full-time education.(Voting rights in accordance with Rule 4).
- Junior Membership. Age 7 - 16 years inclusive on 1st March in any year.
- The Life Membership category is closed to new applications from September 22, 2007. Existing Life Members, as of this date, are entitled to all the privileges of membership for life, unless they shall cease to be a Member under the provisions of these rules.
- All visitors to the Club wishing to go on the water will need to become Temporary Members. This includes categories previously defined as Temporary Members, visitors and group members.
- Temporary Members will have no voting rights at any meeting of the Club.
- Temporary Members may be admitted by a Member of the Committee or other individual approved by the Committee. An approved individual must be a full Member of the Club and their right to admit Temporary Members will be restricted as designated by the Committee.
- All groups must abide by the procedures applicable and approved by the Committee, pertinent to their particular circumstances.
- Fees must be paid in accordance with those set-out at any time by the Club and are the responsibilities of the DCM or designated individual. Fees may be waived in exceptional circumstances by the DCM. Any waiving of fees is to be reported to the Committee at its next meeting.
- No person denied membership or expelled from the Club is to be admitted as a Temporary Member.
- Temporary membership is restricted:
- No individual may attend as a Temporary Member more than 3 times in any 12 month period;
- The exception to (i) above is in respect of any temporary membership arising from a group or other supervised and approved Club activity.
- All Temporary Members must complete all forms applicable to them as set-out and approved by the Committee at that time.
- On the recommendation of the Committee, Honorary Members may be elected at any General Meeting at the Club, over and
above the complement of Members. A two thirds-majority of Members present and voting, shall be necessary to ensure election. Honorary Members may be elected for life, or for such a period as the General Meeting may in any case deem expedient, and they shall be entitled to all the privileges of membership except, they shall not be entitled to vote at meetings. There shall not be more than six Honorary Members at any one time.
| NOTICE TO MEMBERS ELECTED:|
- Immediately upon the election of any candidate for membership, notice thereof shall be given to the candidate and he or she shall be furnished with a copy of the Club rules and byelaws with a request to remit to the Banker or Treasurer of the Club within one month from the date of such request, the amount of his or her entrance fee and first subscription, and upon payment of the entrance fee and first subscription. the candidate shall become a Member of the Club and be entitled to all the benefits and privileges of membership and be bound by these rules.
|FEES AND SUBSCRIPTIONS:|
- All fees shall be determined at the Annual General Meeting of the Club.
- A limited number of boat parking places and moorings are available. Members must supply their own mooring block and chain which must be a minimum of three eighths of an inch diameter and 13.5 metres long.
- A launching fee for visitors craft is payable.
|DATE WHEN SUBSCRIPTIONS DUE:|
- All annual subscriptions and fees (except the first subscription of a new Member as provided by Rule 11) shall be payable on the first day of March in each year, and all fees and subscriptions shall be paid to the Club, cheques being made payable to 'Wimbleball Sailing Club" and crossed "Account Payee".
|MEMBERS IN AREARS:|
- If any Member shall fail to pay his or her annual subscription on or before the 15th day of March next, after it has become due, notice shall be sent to him in writing calling his attention thereto, and if he shall not pay the amount within fourteen days from the posting of such notice, he shall be notified in writing that he is a defaulter and if such subscription be not paid within seven days following notification to him that he is a defaulter then he or she shall cease to become a Member of the Club. If any time the defaulter shall give to the Committee a satisfactory explanation, the defaulter, at the discretion of the Committee and upon payment of arrears, may be re-admitted to membership without payment of the entrance fee.
- If at any time any fees payable to the Club by any Member or former member shall be three months or more in arrears:
- The Committee shall be entitled to move his/her boat to any other part of the premises without being liable for any loss of or damage to the boat, howsoever caused.
- The 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 the boat and to deduct any monies due to the Club (whether by way of arrears of subscription, mooring or facility fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Member or former member.
- Alternatively, any boat which, in the opinion of the Committee cannot be sold may, upon such notice as aforesaid, be disposed of in any manner the Committee may think fit and the expenses recovered from the Members or former member. Any arrears as aforesaid shall be deemed to be a debt owing to the Club by the Member or former member.
Further, the Club shall at all times have a lien over the Member's or former member's boat/boats parked or moored on the Club's premises or Club moorings in respect of all monies due to the Club, whether in respect of arrears of mooring fees or subscriptions or otherwise. Where a Member is in arrears with the payment of monies owed to the Club, by at least 6 months, the Club may in any event take possession of the Member's boat.
|RESIGNATION OF MEMBERSHIP:|
- Any Member may resign his Membership by giving to the Secretary notice in writing to that effect. Every such notice shall, unless otherwise expressed, be deemed to take effect as from the expiration of the 7 day next following the receipt thereof.
|EXPULSION OF MEMBERS:|
- The Committee shall have powers to expel any Member who shall offend against the rules of the Club, or whose conduct shall in the opinion of the Committee render such Member unfit for membership. Before any such Member is expelled, the Secretary shall give him seven days written notice to attend a meeting of the committee, and shall inform him of the complaints made. No Member shall be expelled without first having the opportunity of appearing before the Committee and answering complaints against him, nor unless at least two thirds of the Committee then present vote in favour of his expulsion.
|EFFECT OF CEASING TO BE A MEMBER: |
- Any person shall upon ceasing to be a Member of the Club forfeit all rights to and claims upon the Club and its property and funds.
- The management of the Club (except as may otherwise be provided by these Rules) shall be deputed to a Committee consisting of the Officers and not more than ten Members. The Committee shall be elected at the Annual General Meeting and a Member so elected shall serve for a period of three years and after such a time shall retire but shall be eligible for re-election.Meetings of the Committee may be convened by any Officers or by two Committee Members not being Officers. Four Committee Members shall constitute a quorum and if votes be equal, the vote of the senior Officer present at the meeting shall count as two votes.
|DUTIES OF COMMITTEE:|
- The Committee shall manage the affairs of the club in accordance with the Rules of the Club and shall define the duties to the several Officers who shall in all respects be subject control of the Committee.
- The Committee may from time to-time, make, alter and repeal by-laws regulating the use of the Club House or Club facilities by Members, the admission of guests to the Club premises, the holding of regattas and sailing matches and generally for the good conduct of affairs of the Club. Such by-laws shall, provided that they are not inconsistent with the rules of the Club, for the time being be binding on all Members and be construed as part of the Rules of the Club until they are rescinded or varied by the Club in a General Meeting.
|SOUTH WEST WATER REGULATIONS:|
- The South West Water Authority as owners of Wimbleball Reservoir has made the reservoir regulations which shall be displayed on the Sailing Club's notice board. They have reserved the power to amend such regulations from time to time. All such reservoir regulations as are displayed or as may be amended from time to time in the future shall at all times be construed as part of the rules of the Club and shall be observed as such by all Members.
- The Flag Officers of the Club shall consist of a Commodore, Vice-Commodore and a Rear Commodore. The said Flag Officers shall be elected at each Annual General Meeting and shall hold office until the next succeeding Annual General Meeting, when they shall retire, but shall be eligible for re-election to a maximum of three consecutive years in the same office, and may not seek re-election to that office for a period of one year. Any person nominated for election as a Flag Officer, must have served the Club previous to their nomination for at least one year on the Committee or as an Honorary Officer.
- The Honorary Officers shall consist of an Honorary Secretary, Honorary Treasurer, and Honorary Sailing Secretary, and they shall be elected at each Annual General Meeting and shall hold office until the next succeeding Annual General Meeting when they shall retire, but shall be eligible for re-election. Any person nominated as Honorary Officer must have held Club Membership for at least one year prior to their nomination. The Honorary Officers shall be ex officio Members of the Committee, with the right to vote.
|VACANY AMONG OFFICERS:|
- In case of any casual vacancy in the office of any Officer of the Club, the Committee may appoint one of themselves or some other Club Member to act to fill such a vacancy until the next Annual General Meeting with due note to Rules No. 18 and 22. The Committee has the power to co-opt up to FOUR Members in any one year.
|DUTIES OF SECRETARY AND TREASURER:|
- The Honorary Secretary shall be responsible for the keeping a register of members, minutes of proceedings of the Committee, and of General Meetings: the Honorary Sailing Secretary shall keep records of Club regattas and other records of the Club, a register of Club boats, in which there shall be entered the name, rig and dimensions or class of every boat belonging to every Member of the Club, together with the owner's name. The Honorary Treasurer shall keep such books of account as the Committee from time to time may direct.The Committee may pass the task of keeping a Register of Members to a Membership Secretary and the task of keeping a Register of boats to a Berth Master. Both these positions will normally be filled from existing Committee Members.
|ANNUAL GENERAL MEETING: |
- An Annual General Meeting shall be held at such place and upon such a day during the months of September or October in each year, as shall be determined by the Committee. The business of such a Meeting shall be the election of the Officers and the Committee, the Auditors and the passing of Accounts and any other business of which notice shall be given to the Secretary before the expiration of the fourteenth day preceding such meeting.
|EXTRAORDINARY GENERAL MEETING:|
- The Committee may at any time and shall on the requisition in writing of any five Members stating the business for which it is required, convene an extraordinary general meeting for any specific purpose.
|NOTICE OF GENERAL MEETING:|
- The Honorary Secretary shall at least fourteen days before any general meeting, send to every Member at his address in the Club Register, a notice of such meetings stating the time when and the place where it will be held and the business that will be brought before it. No business other than business of a formal nature shall be brought forward at any meeting unless notice thereof shall have been duly given as herein provided.
|PROCEDURE AT GENERAL MEETING:|
- At all General Meetings the chair shall be taken by the Senior Flag Officer present,or if no Flag Officer be present, by some Member chosen by the meeting. Every question (unless otherwise expressly provided by these rules) shall be decided by a majority of votes. Every Member shall have one vote and in the case of equality of votes, the Chairman shall have a second or casting vote. The quorum at a general meeting shall be ten Members present in person.
- The sailing rules shall be those of the RYA and the ISAF unless otherwise ordered by the Committee.
|ARRANGEMENT OF SAILING AND REGATTAS:|
- All arrangements and regulations for sailing on Wimbleball Lake and for Regattas and sailing matches thereon, shall be made by the Committee and all disputes arising out of the same shall be referred to the Committee whose decision thereon shall be final. Any Member who refuses to abide by any such decision, or persists in wilfully disobeying any such regulation, thereby renders himself liable to expulsion from the Club, in accordance with Rule 18 provided that no member of the Committee shall take part in the determination of any dispute in which he is personally interested.
- The Committee may depute all or any of their duties under Rule 30 to a Sailing Committee consisting of the Flag Officers of the Club and Sailing Secretary and such other Members of the Club being not less than four in number as the Committee shall appoint thereto.
- The property of the Club shall be vested in four Trustees who shall be parties to any deed, lease, licence or agreement made with the South West Water Authority in connection with the lease or use of any part of the Board's property for the provision of a Club House or any other Club premises and for the right of the Club Members to sail on the lake.
The property of the Club, thus vested in the Trustees shall be dealt with by them as the Committee may from time to time direct by resolution (on which an entry in the minute book shall be conclusive evidence). The Trustees shall be indemnified against all liability, risk, and expense out of the assets and property of the Club. The Trustees shall hold office until death or resignation or until removal from office by the Committee where, by reason of such death, resignation or removal it is necessary that a new Trustee or Trustees be appointed, the Committee shall nominate the person or persons to be appointed as new Trustee or Trustees.
For the purpose of giving effect to such nomination, the Honorary Secretary of the Club is hereby nominated as the person to appoint the new Trustees of the Club 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.
|FINANCIAL YEAR: |
- .The financial year of the Club shall end of the 31st day of August in each year to which day the accounts of the Club shall be balanced.
|INTERPRETATION OF RULES:|
- The Committee shall be the sole Authority for the interpretation of these Rules and of the Regulations made from time to time by the Committee and the decision of the Committee upon any question of Interpretation or upon any matter affecting the Club and not provided for by the Rules or by the Regulations shall be final and binding on all Members.
|ALTERATION OF RULES:|
- These Rules may be added to or amended by resolution at an Annual General Meeting or Special Meeting. Provided that no such resolution shall be deemed to have been passed unless by a majority of at least two thirds of the Members present and voting thereon.
- If at any General Meeting a resolution for the dissolution of the Club shall be passed by a majority of the Members present and voting and at a Special General Meeting held not less than one month thereafter (of which not less than two weeks written notice shall have been given to each Member) and at which not less than one half of the Members of the Club shall be present that resolution shall be confirmed by a resolution passed by a majority of Members voting thereon. the Committee shall thereupon,in sequence:
- Preserve as a fund distinct from the Member's assets,(to a combined value not exceeding the amount of any Lottery Sports Fund grant(s) received by the Club):
- unspent monies received by the Club from the Lottery Sports Fund
- monies held in any designated cyclical account(created by the Club as a condition of such grant) for the purpose of renewing the said Lottery Sports Fund grant(s)
- assets purchased from the Lottery Sports Fund grant or the said cyclical account
- Proceed to realise the remainder of the assets and property of the Club and to discharge therefrom all liabilities of the Club.
- Transfer the preserved fund and assets set out at a. above to a properly constituted and active Member's Sailing Club selected by a majority vote of the Flag Officers of WSC, (provided the recipient club shall have similar aims and objectives to those of WSC.)
- Any net assets remaining after the application of (a) (b) and (c) above, to be applied for approved sporting or charitable purposes.
The net assets of the Club means what is left after paying debts and meeting other legally payable liabilities.
Approved sporting or charitable purposes means any one of three purposes that may be approved in a general meeting of the Club or determined by the members of the Club's governing body. The governing body for the Club means its management committee.
The three options are:
- the purposes of the sport's governing body for use in the related community sport, for which the Club existed
- the purposes of a CASC (community amateur sporting club) as defined by HM Revenue and Cusroms
- the purposes of a charity
- Upon the discharge of the foregoing, the club shall stand dissolved.
|NOTES:||In accordance with Rule 34 the committee has interpreted the words "send" in Rule 27, to include alternative electronic means of communication e.g. e-mail. |
It is therefore important that every member ensures that club records are updated with any change of e-mail address as well as postal mail address.