Section 1 - NAME AND OBJECT
The Club shall be called the 'Thornbury Sailing Club', hereinafter referred to as the 'Club'.
The object of the Club is to encourage sailing and promote good seamanship.
1.3 ACTIVITIES SUPPORTING THE OBJECT
The Club may provide sporting and related social facilities, sporting equipment, coaching, training and youth development, courses, away race expenses and insurance cover.
The Club may also in connection with its sports purposes
(a) sell and or supply food, drink and related sports clothing and equipment.
(b) pay for reasonable hospitality for its guests.
(c ) indemnify the Committee and Members acting properly in the course of the running of the Club against any liability so incurred.
The Club burgee is a white 'T' on a dark blue upper half and a light blue lower half.
1.5 CHANGES TO RULES
The Rules of the Club may only be added to, repealed or amended at the Annual General Meeting (AGM) or at an Extraordinary General Meeting (EGM) see Rules 6.1, 6.5 and 6.8.
The notice of any meeting at which it is proposed to change the Rules must contain a motion detailing the proposed changes. Only those changes, or substantive changes may be made. For the avoidance of doubt changes to Rules not included in the motion will not be allowed.
The Committee may make, amend and repeal Club By-laws subject to confirmation at the next General Meeting. By-laws shall be construed as an adjunct to the Rules.
Section 2 - OFFICERS
2.1 OFFICERS OF THE CLUB
The Officers of the Club shall be Full or Family Members (as defined in Rule 4.1) and shall be Commodore, Vice-Commodore, Honorary Secretary, Honorary Treasurer, Membership Secretary, Berthing Officer, Sailing Secretary, Sail Training Officer, Safety Boat Officer, Bosun, Social Secretary and Bar Steward.
2.2 ELECTION OF OFFICERS
Officers shall be elected at the AGM in each year and shall hold office for one year. All Officers shall be eligible for re-election except that the Commodore shall be eligible only for a period of three successive years after which he or she will be ineligible to serve as Commodore for one year.
2.3 NOMINATIONS FOR ELECTION OF OFFICERS
Nominations for election of Officers, duly proposed and seconded in writing by Full or Family Members, with the consent of the nominee, shall be received by the Honorary Secretary at least forty-eight hours before the scheduled start of the AGM each year.
2.4 PRESIDENT AND VICE PRESIDENT
A President and Vice President shall be by invitation to a suitable person nominated by the Committee and agreed by the membership at an AGM or EGM. The positions are to be appointed on an annual basis and are open to non members and members of any category. The President and Vice President shall not have any voting rights at a committee meeting but may attend any Committee or General Meeting.
Section 3 - COMMITTEE
The Committee of the Club shall consist of the Officers, and not less than three or more than six Full or Family Members of the Club.
The Committee shall manage the affairs of the Club according to the Rules and By-laws, having due regard to the law on disability, discrimination, child protection and other relevant legislation, and shall cause the funds of the Club to be applied solely to its object. All surplus income or profits will be reinvested in the Club except that the Committee may make small donations to Registered Charities.
3.3 ELECTION OF COMMITTEE MEMBERS
Committee Members shall be elected at the AGM in each year and shall hold office for one year. Other than the Officers, Committee Members shall be eligible for re-election only for a period of three successive years, after which they will be ineligible to serve on the Committee for one year.
3.4 NOMINATIONS FOR ELECTION OF COMMITTEE MEMBERS
Nominations for the election of Committee Members, other than the Officers (Rule 2.3) , duly proposed and seconded in writing by Full or Family Members and with the consent of the nominee, shall be received by the Honorary Secretary at least forty eight hours before the scheduled start of the AGM.
3.5 NUMBER OF NOMINATIONS FOR ELECTION TO THE COMMITTEE
If the number of nominations for election is greater than the number of vacancies to be filled, there shall be a ballot. If the number of nominations is equal to or less than the number of vacancies, all nominees shall be deemed to be elected if the majority of those present at the AGM and entitled to vote, do so in favour of such election.
3.6 COMMITTEE VACANCY
If for any reason a vacancy on the Committee shall occur, the Committee may co-opt a Full or Family Member to fill such a vacancy until the next following AGM.
The Committee may appoint sub-committees, co-opting Members for this purpose if necessary. The Committee shall specify the terms of reference, scope and powers of any sub-committee.
Section 4 MEMBERSHIP
4.1 MEMBERSHIP CATEGORIES
The Club shall have the following categories of membership with voting rights at meetings and privileges as specified.
FULL MEMBER: A person who, at the date of election or at the start of the subscription year, is aged 18 or over. A Full Member shall have one vote and full use of Club facilities.
FAMILY MEMBER: Family membership includes one adult and partner (aged 18 or over) and any children under 16 years of age. Each adult shall have one vote, the children none. Subject only to Rule 9.1, Family Members shall have full use of Club facilities.
JUNIOR MEMBER: A person who, at the date of election or at the start of the subscription year, is under 18 years of age. A Junior Member shall have no vote and subject only to Rule 9.1 shall have full use of Club facilities.
STUDENT MEMBER: A person, aged 18 or over at the start of the subscription year, in full-time education who has the Committee's approval to continue membership at the Junior rate of subscription. A Student Member shall have no vote although has full use of Club facilities.
HONORARY MEMBER: A person nominated and elected in the manner described in Rule 4.4. An Honorary Member shall have one vote, full use of Club facilities but shall not be eligible to serve as an Officer or on the Committee.
ASSOCIATE MEMBER: A person who is or has been a Full or Family Member who no longer wishes to sail but who wishes to maintain links with the Club. Very exceptionally the Committee will consider applications from persons who do not have this qualification. Any such cases will be considered entirely on their merits and at the discretion of the Committee. An Associate Member shall have no vote although has use of Club facilities.
TEMPORARY MEMBER: Temporary membership may be granted, at the discretion of the Committee, under conditions of Rules 7.2 and 7.3, or under the general Rules of the Club for a restricted period. Subject to Rule 9.1 a Temporary Member has use of Club facilities but shall have no vote.
GROUP MEMBERSHIP: may be granted at the discretion of the Committee. A group member shall have access to Club facilities but shall not have voting rights.
4.2 APPLICATION FOR MEMBERSHIP
An application for Club membership shall be in the form prescribed by the Committee.
Persons may not be admitted to membership, or be admitted as candidates to membership to any of the privileges of membership, without an interval of at least two days between their application for membership and their admission, nor may persons becoming members without prior application be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission.
To introduce new members effectively into the club and its culture, mentors may be appointed by the committee to support new members during their first year of membership.
4.3 ELECTION OF MEMBERS
The Membership Secretary shall present an application at the next convenient Committee Meeting for consideration. If accepted the Candidate and Proposer must attend the following General Meeting. If the application is not straight forward the Candidate and Proposer may be required to attend a Committee Meeting. The acceptance of all classes of membership except Honorary Members (Rule 4.4) is vested in the Committee and decided by majority vote.
4.4 NOMINATION OF HONORARY MEMBERS
The Committee may nominate, for such periods as they may determine, such Honorary Members as are proposed by the membership, for election at an AGM.
4.5 RECORD OF MEMBERS' ADDRESSES
Every Member shall provide the Honorary Secretary with an up-to-date address and email address which shall be recorded in the register of Members and any notice sent to any such address shall be deemed to have been duly delivered.
4.7 CONDUCT OF MEMBERS
Every Member, upon election and thereafter, is deemed to have notice of and impliedly undertaken to comply with the Rules and By-laws of the Club. Any refusal or neglect to do so, or any conduct which in the opinion of the Committee is unworthy of a Member or otherwise injurious to the interests of the Club shall render a Member liable to expulsion. Before such action the Committee shall give full opportunity for the Member to explain this conduct or to resign.
4.8 DAMAGE TO CLUB PROPERTY
A Member shall not knowingly remove, injure, destroy or damage any property of the Club. In such an event the Member shall make restitution of the same if called upon to do so by the Committee.
Section 5 - FEES
5.1 MEMBERSHIP FEE RATES
The rate of joining and subscription fee for each category of membership shall be decided by the Committee and reported at the next General Meeting. Any changes shall become operative for existing Members at the start of the next subscription year, the first day of October. Subscriptions will be set at a level that will not pose a significant obstacle to people participating.
5.2 NEW MEMBERS' FEES
On election to the Club, new Members shall pay the joining fee and their first annual subscription. Thereafter, annual subscriptions become due on the first day of October in each year, except that a Member elected on or after the first day of August shall pay on election the joining fee and annual subscription applicable to the year following election and these fees shall be valid for the next subscription year.
5.3 ADDITIONAL FEES
In addition to membership fees the following fees are payable where applicable.
BOAT FEE: An annual boat fee shall be paid on all boats and sailboards and canoes sailed or kept at the Club (tenders excepted). Only one boat fee is payable on multiple sailboards in single ownership.
CLUB MOORING FEE: An annual fee shall be paid for use of moorings laid by the Club.
OTHER FEES: Other fees may be determined by the Committee from time to time and reported at the next General Meeting .
5.4 ARREARS ON FEES
The Committee may cancel, without notice given, the membership of any Member whose annual subscription and any other fees are more than three months in arrears provided that the Committee may, at its discretion and where there are mitigating circumstances, reinstate such membership on payment of the arrears.
Section 6 MEETINGS
6.1 ANNUAL GENERAL MEETING
An AGM of the Club shall be held each year in the month of January. The Honorary Secretary shall send a notice of the meeting and the agenda to all Members at least fourteen days before the AGM.
6.2 BUSINESS OF THE ANNUAL GENERAL MEETING
The business of the AGM shall be the election of the Officers, the Committee, any proposed Honorary Members and Independent Examiner, the passing of the accounts and any other business of which notice shall have been given to the Honorary Secretary at least forty eight hours before the scheduled start of the AGM.
6.3 COMMITTEE MEETINGS
The Committee shall normally meet once every calendar month except December. Additionally, meetings may be convened at the request of any Officer or two members of the Committee after the Honorary Secretary has notified, as far as practicable, all the Committee.
6.4 MONTHLY GENERAL MEETINGS
A meeting of the Club membership shall be held on the first Thursday of each month for the purpose of receiving reports from the Officers and to discuss and pursue matters of general interest.
6.5 EXTRAORDINARY GENERAL MEETINGS
An EGM may be called at the written request of twenty Members eligible to vote, specifying the business to be considered. (In the event of there being less than 200 eligible Members in the Club, 10% of the membership in the Club will be sufficient.) The Committee may also call an EGM of the Club for any special business. The Honorary Secretary must call any such meeting within two calendar months of receiving the request and must give all members written notice at least fourteen days before such a meeting specifying the business to be considered.
6.6 CHAIR-PERSON AT MEETINGS
At all Club and Committee meetings, the Commodore shall take the chair, or in the absence of the Commodore, the next Officer in descending order of seniority.
6.7 QUORUM AT MEETINGS
Twenty five Full, Family, or Honorary Members present in person or online shall constitute a quorum at Annual, Monthly and Extraordinary General Meetings of the Club. Seven Committee Members present shall constitute a quorum at Committee Meetings.
6.8 VOTING AT MEETINGS.
Only eligible Members shall vote at any meeting of the Club (see Rule 4.1). All matters, other than changes to the Rules, shall be decided by a simple majority of the Members present who vote. Any change to the Rules shall require a two-thirds majority of the Members present who vote. The chair-person may not have an extra, casting, vote.
Section 7 - GUESTS AND VISITORS
7.1 GUESTS IN THE CLUB
Members must enter the names of all their guests in the Visitors Book.
7.2 VISITING MEMBERS OF RYA CLUBS
A member of any club affiliated to the RYA may be authorised to use the Club premises and facilities by a Member of the Committee. Such authorisation shall specify between which dates (being not more than fourteen days apart) it applies.
7.3 VISITING COMPETITORS IN CLUB EVENTS
Any person who is a competitor or crew member in any event held by the Club is entitled to the use of the Club premises and facilities within a period of twenty four hours before and after the event in which they are competing.
7.4 POWER TO EXPEL PERSONS ADMITTED UNDER RULES 7.2 AND 7.3
Any Member who has received the authority of a Committee Member may expel temporarily or permanently any person who has the right to use the Club premises only under Rules 7.2 and 7.3.
Section 8 - LIABILITY
8.1 LIMITATION OF CLUB LIABILITY
Members of the Club, their guests or visitors 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 Club premises and any other facilities of the Club either sustained by Members, their guests or visitors or caused by the said Members, their guests or visitors whether or not such damage or injury could have been attributed to or occasioned by the neglect, default or negligence of them, the Officers, Committee or other Members.
Section 9 - BAR
9.1 PURCHASE AND SUPPLY OF EXCISABLE GOODS
All arrangements for the purchase and the supply of excisable goods shall be under the control of the Committee. Intoxicating liquor shall not be supplied on the Club premises to any person under the age of eighteen years or any person not entitled to the use of the Club in pursuance of Rules 4.1, 7.2 and 7.3. Tobacco or cigarettes shall not be supplied to any person under the age of sixteen years.
9.2 HOURS OF SALE OF EXCISABLE GOODS
Subject to the requirements of the licensing authorities, the hours during which excisable goods may be sold on the Club premises shall be determined by the Committee.
Section 10 - ACCOUNTS
10.1 CLUB ACCOUNTS
Proper accounts of all purchases and receipts shall be kept and made up to 30th September each year. The Club accounts shall be examined by an independent examiner appointed at the previous AGM or whose nomination for such election was agreed at a General Meeting.
Annual Club reports and statements of account will be made available for inspection by any Member and all Club records may be inspected by any Committee Member.
Section 11 - TRUSTEES
11.1 APPOINTMENT OF TRUSTEES
There shall be four Trustees of the Club who shall be appointed by the Committee from among Full, Family or Honorary Members. A Trustee shall hold office during his or her lifetime or until resignation or a resolution to remove a Trustee from office be passed by the Committee and confirmed at the next General Meeting.
11.2 PROPERTY OF CLUB VESTED IN TRUSTEES
The property of the Club, including land or investments, shall be held by the Trustees, in their own names as far as it is reasonable and practicable, on trust for use and benefit of the Club. On the death, resignation or removal from office of a Trustee the Committee shall nominate a new Trustee, such nomination to be confirmed at the next General Meeting. Thereafter the Committee shall promptly 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 Commodore 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 the Commodore shall by Deed duly appoint the person or persons so nominated by the Committee.
11.3 POWERS OF TRUSTEES
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, such directions to be confirmed at the next General Meeting. The Trustees 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 Committee and General Meetings) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
11.4 INDEMNITY OF TRUSTEES FROM CLUB
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.
Section 12 - DISSOLUTION
The Members may vote to dissolve the Club if not less than three quarters of those present and voting support the proposal at a properly convened EGM. The motion for dissolution must be the only item on the agenda at the EGM.
12.2 RESPONSIBILITY FOR DISSOLUTION
The Committee will be responsible for the orderly dissolution of the Club's affairs.
12.3 DISPOSAL OF ASSETS
After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
(a) to another club with similar sports purposes and/or
(b) to the RYA for use by them for related sports.
Last updated 10:45 on 9 March 2022