STAINES SAILING CLUB

Section 1 Name and Objects

1. The Club shall be known as Staines Sailing Club, A Private Members’ Club.

2. The Club has, as its objects, the encouragement of the sport of sailing, primarily on the Thames, in the vicinity of Staines and the provision and maintenance of a Club House for the use of the Membership of the Club.

Section 2 Membership

3. There shall be the following categories of Membership whose power to vote at all General Meetings of the Club and whose rights and privileges are indicated hereunder:

A FULL MEMBER - being a person over the age of eighteen, shall have one vote and full use of all Club facilities.

FAMILY MEMBERSHIP - consists of a family group of 2 sailing adults (generally Husband/Wife or co-habiting partners) and those of their children under the age of eighteen years. The parents shall have the voting rights and privileges of Full Members, the children the privileges of Junior Members. The Committee will have the discretion to decide what constitutes a family group and may include any children between eighteen and twenty-two years of age who are in full-time education. Such children shall have the rights and privileges of Full Members.

A JUNIOR MEMBER - being a person under the age of eighteen shall have no vote. Junior Members shall have full use of all club facilities, subject only to Rule 44.

A SOCIAL MEMBER - who shall have no vote other than as provided for in Rule 60 but shall have full use of the Club House facilities and may use the sailing facilities no more than one weekend in each month.

AN HONORARY LIFE MEMBER - who shall be nominated and elected at an Annual General Meeting from Members who have given outstanding service to the Club, shall have the voting rights and privileges of a Full Member.

AN HONORARY MEMBER - who shall be nominated and elected at each Annual General Meeting from related Clubs and Organisations shall have no vote but shall have the privileges of a Full Member

4. The rate of entrance, subscription and other fees 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 1st January in the year following. The current rate of entrance and subscription fee shall be prominently displayed in the Club premises.

5. 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. A Member elected after 1st August in any year shall pay subscription less fifty per cent applicable for that year and 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 (if any) and the annual subscription in respect of the year following election.

6. Members who require space in the Club’s Boat Park shall pay an annual fee per boat.

7. 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.

Election and Retirement of Members

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

9. An application for Membership shall be in the form prescribed by the Committee and shall include the name, address, and occupation of the candidate and the signatures of the Proposer and the Seconder.

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

11. 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.

12. A Member who, for any reason, anticipates inability to use the Club or its facilities for the whole of any one year shall be excused payment of the annual subscription and other annual fees provided that notice in writing is given to the Honorary Secretary before 31st December in the previous year. A Member wishing to be re-instated during the year in question shall pay such portion of the annual subscription as the Committee shall require.

13. A Member desirous of retiring from Membership shall give notice in writing to the Honorary Secretary before 31st December and shall not then be liable to pay the 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 (if any).

14. The Committee may cancel, without notice given, the Membership of any Member whose annual subscription and other annual fees are more than three months in arrears provided that the Committee may, at its discretion, re-instate such Member upon payment of arrears. No Member whose annual payments are in arrears may enter any Club event or regatta or vote at any meeting. (Also see Rule 74).

Conduct of Members

15. Every Member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Club Rules and the current Bylaws and Regulations 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 Management Committee present and voting on the Resolution.

16. A guest includes any person introduced by a member, any bona fide visiting yachtsman, and any person attending an event promoted by the Club. For the purposes of this Rule, during their visit, they are entitled to use all the Club’s facilities, including the Bar.

17. 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.

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

19. A Member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any Bylaw relating to the settlement of such indebtedness.

20. Suggestions and complaints of any nature relating to the Club shall be addressed in writing to the Honorary Secretary.

22. No individual may be admitted as a guest to the Club on more than 6 occasions in the course of any year.

23. Any person who is a competitor or crew member in any race sponsored by or on behalf of the Club is entitled to the use of the Club boat park within a period of twenty-four hours before and after the race in which they are competing.

24. 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 the use of the Club facilities under Rules 16, 22, 23, 27, 44 & 45.

Limitation of Club Liability

25. Members, their guests and visitors are bound by the following Rule which shall also be exhibited in a prominent place within the Club premises:-

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 Committee or servants of the Club.

26. Membership of the Club and acceptance of these Rules by the Member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 2018.

Private Use of Club Facilities & Bar

27. Members who wish to use the Club facilities for private functions are to submit a request in writing to the Committee.

In addition, on no more than 12 occasions per annum, the premises may be used by persons other than members, attending privately organised functions for which the premises have been let.

Use of Club facilities must be in accordance with the Regulations laid down by the Committee.

Section 3 Management Committee

28. The Management Committee elsewhere referred to as ‘The Committee’ shall be elected at each Annual General Meeting and shall hold office until the subsequent Annual General Meeting and shall consist of the:

Commodore

Vice Commodore

Rear Commodore

Honorary Secretary

Honorary Treasurer

Honorary Sailing Secretary

Honorary Boatswain

Honorary House Secretary

Honorary Social Secretary

Member I/C Catering

Member I/C Bar

29. Candidates for election to the Committee shall be Full Members with a minimum of one year’s membership whose nominations must be duly proposed and seconded by Full Members of the Club with the candidate’s consent. Exceptionally, if members at the Annual General Meeting so decide, a maximum of two Committee members may be elected from the Social or Junior Membership of the Club.

30. If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Member to fill such a vacancy until the next following Annual General Meeting.

31. The Committee shall meet at least six times a year, making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The Commodore, or in his absence a Chairman elected by those present, shall preside.

32. Voting shall be by show of hands. In the case of equality of votes, the Chairman shall have a second and casting vote.

33. At all Committee Meetings, five shall form a quorum.

Powers of the Committee

34. 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 charitable purpose.

35. The Committee shall make such Bylaws and Regulations as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises for fourteen days before the date of implementation. Such Bylaws and Regulations shall remain in force until approved or set aside by a vote at a General Meeting of the Club.

36. 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.

37. The Committee shall be empowered to co-opt any Member of the Club as a specialist adviser to any Committee or any sub-Committee, such co-opted Member to attend the appropriate Committee Meetings at the discretion of the Committee, but provided that the co-opted Member shall not be taken into account in calculating a quorum.

38. A Member of the Committee, or of a sub-committee in transacting business for the Club, shall disclose to third parties that he is so acting.

39. 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 General Meeting, pledge the credit of the Membership.

40. 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 liabilities 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 a General Meeting of the Club.

Duties of Honorary Secretary and Honorary Treasurer

41. The Honorary Secretary Shall:-

(a) Keep a register of Club Members’ names and addresses.

(b) Conduct the correspondence of the Club.

(c) Keep custody of all Club documents.

(d) Keep full minutes of all General and Committee meetings of the Club, which shall be confirmed and signed by the appropriate Chairman upon the agreement of the Club or the Committee at the next following meeting of the Club or the Committee.

(e) Administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Officers and its Members.

(f) Maintain any such certificates or registrations and complete any such non-financial returns as may be required by law.

42. The Honorary Treasurer shall:-

(a) Cause such books of account to be kept as necessary to give a true and fair view of the state of the finances of the club.

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

(c) Prepare an Annual Balance Sheet as at 30th September 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 before the Annual General Meeting.

Purchase and Supply of Excisable Goods

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

44. Intoxicating liquor may only be sold for consumption on the Club premises to persons, visitors and guests, over the age of eighteen, who are entitled to the use of the Club premises in pursuance of the Rules, Bylaws and Regulations for the time being in force. No-one under the age of eighteen years may purchase or attempt to purchase intoxicating liquor within the Club premises.

45. Subject to the requirements of the Licensing Authority, the Committee shall cause the Club bar to be opened at convenient times and 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 Junior Members as aforesaid).

46. 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 be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the Club.

47. Proper accounts of all purchases and receipts shall be kept and provided to the Honorary Treasurer for inclusion in the Club Accounts for presentation 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 4 Trustees

48. 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 Life 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.

49. All the 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 it 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 Section 36 of the Trustee Act 1925 and he shall by Deed duly appoint the person or persons so nominated by the Committee.

50 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 Club 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.

51 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 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.

52 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. (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club.)

Section 5 Honorary Auditor

53. The Honorary Auditor shall:-

(a) Be appointed at the Annual General Meeting in each year and shall be an appropriately qualified Member of the club, but shall not be a Member of the Management Committee.

(b) The Auditor 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 required by law or by the committee.

(c) If unable to act, inform the Committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting.

Section 6 General Meetings

54. An Annual General Meeting of the Club shall be held each year no earlier than 1st November and no later than 15th December on a date to be fixed by the Committee. The Honorary Secretary shall, at least seven days before the date of such meeting or of any General Meeting as hereinafter mentioned, post or deliver to each Member notice thereof and of the business to be brought forward thereat.

55. No business, except the passing of the Accounts and the election of the 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 on or before 15th October prior to the Annual General Meeting.

56. The Committee may at any time, upon giving fourteen days notice in writing, call a General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting and the discussion at such meeting shall be confined to the business stated in the notice sent to Members.

57. The Committee shall similarly call a General Meeting upon a written request addressed to the Honorary Secretary by at least 10% of the total Membership. The discussion at such meeting shall be confined to the business stated in the notice sent to Members.

58. At every General Meeting of the Club, the Commodore or, in his or her absence, a Chairman elected by those present shall preside.

59. At any General Meeting of the club, a quorum shall comprise no less than one fifth of the total voting membership of the club.

60. Only Full and Honorary Life Members shall vote at any meeting of the Club. Other Members may attend but are not entitled to vote. Notwithstanding the provisions of this section, the Chairman shall have the discretion to permit Social Members to vote on matters which affect the social amenities of the Club.

61. Voting shall be by show of hands. No member may vote by proxy.

62. In the case of an equality of votes, the motion voted shall be deemed to be lost, or in the case of an election the Chairman shall draw lots to determine the matter.

63. On any Resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule, Bylaw or Regulation of the Club, such Rule, Bylaw or Regulation 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 7 Dissolution of the Club

64. If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any assets whatsoever, the same shall not be paid to or distributed amongst the Members of the Club but shall be given or transferred to another CASC (Community Amateur Sports Club), a registered Charity or the Sports Governing Body, as determined by the Members of the Club by Resolution passed at a General Meeting at or before the time of the dissolution.

Section 8 Bylaws

65. Dogs brought on to Club premises must be kept under control by their owners.

66. Every owner of a boat belonging to a Class raced by the Club shall, on election as a Member, be entitled to have his boat entered on the Club Register and it shall be his responsibility to cause such entry to be made by producing to the Honorary Sailing Secretary a valid Measurement Certificate. Until such registration has been effected, his boat may not be permitted to participate in the racing activities of the Club.

67. All persons under eighteen years of age, sailing on craft launched from the Club premises must wear life jackets.

68. Juniors under the age of fourteen must be accompanied by an adult who shall be responsible for their conduct and safety.

69. Juniors aged fourteen to eighteen may take part in Club activities without being accompanied by an adult on the understanding that parents or guardians accept full responsibility for their conduct and safety. Parents and guardians are warned that the Club does not provide support facilities at all times.

70. Vehicles may only be parked in areas designated for car parking, in order not to cause obstruction to boats or other vehicles.

71. Smoking is not permitted within the Club buildings.

72. The Club premises shall be open to members at such times as the Committee shall direct. The present hours of opening shall be displayed prominently in the Club.

73. The Bar will be open at such hours as may be decided by the Committee, subject to any restrictions imposed by the licensing Authority.

74. In addition to the powers given to the Committee under Rule 14 hereof, if at any time any fees payable to the Club by any Member or former Member shall be three months or more in arrears and a vessel; the property of a Member or former Member remains upon the Club premises, the Committee may:-

a) Move the vessel to any other part of the Club premises without being liable for any loss or damage to the vessel howsoever caused.

b) Give one month’s notice in writing to the Member or former Member at his last known address as shown in the Club Register and thereafter sell the vessel and deduct any monies due to the Club (whether by way of arrears of subscription of annual payments, mooring, dinghy park fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member.

c) Alternatively, if the vessel is unsaleable, after giving notice in writing as aforesaid, dispose of the vessel 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 to the Club by the Member or former Member.

(d) Further the Club shall at all times have a lien over Members' or former Members' 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.

PROVIDED ALWAYS THAT:-

Proper evidence is available to show that all reasonable steps have been taken to trace a Member or former Member and that when and if the vessel is sold the proceeds of sale (less any indebtedness by the Member or former Member to the Club) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said Member or former Member or otherwise) for a period of six years.