Elton Sailing Club and Bury Angling Association
CONSTITUTION[a1]
(Includes all amendments up to 30 December 2010)
ELTON RESERVOIR
BURY
LANCASHIRE
BL8 2BR
Founded 1858
President: Mr. A Little OBE
Table of Contents
1. ORGANISATION 3
1.1. OFFICERS 3
1.2. CLUB COUNCIL 3
1.3. SAILING COMMITTEE 3
1.4. HOUSE COMMITTEE 4
1.5. WORKS COMMITTEE 4
2. CONSTITUTION AND BYE-LAWS 5
1. ORGANISATION
1.1. Officers
Commodore
Vice Commodore
Rear Commodore (Social)
Rear Commodore (Works)
Honorary Secretary
Honorary Joint Treasurers (2)
Honorary Sailing Committee Secretary
Honorary Social Committee Secretary
Honorary Works Committee Secretary
Honorary Membership Secretary
Honorary Off-Shore Secretary
Honorary Fishing Secretary
Honorary Newsletter Editor
Honorary Publicity Officer
1.2. Club Council
Above Officers plus five elected members
1.3. Sailing Committee
Vice Commodore (Chair)
Honorary Sailing Secretary
Class Captains
Bosun (Safety Boats)
Bosun (Club Dinghies)
Race Office Manager
Results Officer
Berthing Officer
Training Centre Principal (to be appointed by Council)
Four elected members
1.4. Social Committee
Rear Commodore (Chair)
Honorary Social Committee Secretary
Fourteen elected members
1.5. Works Committee
Rear Commodore (Chair)
Honorary Works Committee Secretary
Co-opted members as determined by Rear Commodore (Works)
2 Constitution and Bye-Laws
1 (a) The name of the club shall be Elton Sailing Club and Bury Angling Association. (Hereinafter referred to as “The Club”).
(b) The name of The Club may be abbreviated appropriately when referring to or dealing with the relevant art to which the abbreviation refers.
2 The objective of The Club shall be to promote Sailing, Angling and other suitable recreational activities, to foster good fellowship and to protect the tranquillity and surroundings of Elton Reservoir for the benefit of future generations.
3 The Club shall consist of:-
(a) A President elected at the Annual General Meeting on a recommendation of the Council.
The position shall be honorary and shall carry no responsibilities or financial obligations.
The President shall not be debarred from holding any office to which he/she may be elected and shall have one vote.
(b) Vice-Presidents elected for life at an Annual General Meeting on a recommendation of the Council.
The honour of being elected shall be conferred on those few members who have given outstanding service to The Club. The position shall be honorary and shall carry no responsibilities or financial obligations.
Vice-Presidents shall not be debarred from holding any office to which they may be elected and shall have one vote each.
(c) Family Members, being a couple (who shall have one vote each) and their children (who shall be under eighteen years old on the 1st April each year or in full time education). Grandchildren and up to two non-related children (who shall be under the age of fourteen on 1st April each year) may also be adopted onto the Family Membership.
Each Adult Family member shall be responsible for the conduct of his or her children, grandchildren and any adopted children.
(d) Social Family Members, being a couple (who shall have one vote each) and their children (who shall be under eighteen years old on the 1st April each year or in full time education). Social Family members shall be limited to the facilities of the clubhouse.
Each Adult Family Social member shall be responsible for the conduct of his or her children.
(e) Full Members who shall be aged twenty-one years or over and shall have one vote.
(f) Under Twenty-one Members who at the date of election shall be eighteen years to twenty years inclusive and/or in full time education and shall have one vote.
(g) Junior Members who at the date of election shall be 14-17 years of age (inclusive), conditional on parental consent, and shall have one vote.
(h) Social Members who shall be aged eighteen years or over and who shall be limited to the facilities of the Clubhouse only and shall have one vote.
(i) Country Members, being any person over the age of 18, who has previously been a full or family member. Available only at the discretion of Council. Such members will be restricted to the use of the Clubhouse and shall have no vote.
(j) Honorary Members, who may be granted the status for a limited period at the discretion of the Council, shall incur no financial obligation and shall have one vote.
(k) Honorary Life Member to be elected at the discretion of the Council who shall have one vote, and shall incur no financial obligation.
(l) i) Persons eighteen or over, paying a fee for a daily fishing ticket shall be members of The Club for the day on which the ticket is valid.
ii) Persons eighteen or over, participating in recognised fishing matches, and paying the relevant fee, shall be members of The Club for the day of the match.
iii) The fee for both daily fishing tickets and recognised fishing matches shall be set annually by Council.
iv) Persons eighteen or over, attending a course of instruction in sailing, or an Open meeting shall be members of The Club on each sailing day. Fees will be specified by Council.
v) Persons obtaining membership of The Club in categories i), ii), iii) & iv), shall have no vote.
vi) Council reserves the right to refuse membership in the above categories.
(m) Fishing Members who shall be aged 18 years or over on 1st April each year. These members shall be allowed to fish the waters at all times when the water is open, without paying a daily fishing ticket. Fishing members shall be limited to the use of the Clubhouse and shall have no vote.
(n) The Trustees of the late John Radcliffe, Esquire, and the Stewards for the time being of the Earls of Derby and Wilton shall be Honorary Members of The Club without payment of entrance fee or subscription.
(o) Group Membership shall be available to bodies recognised as meeting the objectives of The Club. The terms of such membership shall be negotiated by Council on an individual basis. Subscriptions will normally reflect current club subscriptions and voting rights will be based on a formula of subscriptions paid divided by the current full membership (rounded down).
4 (a) Any person interested in joining The Club shall be eligible as a candidate for membership
(b) Candidates for membership (other than Honorary and Country) shall make an application in writing to the Hon. Membership Secretary, presenting all information required on the application form. The subscription appropriate to the class of membership desired shall be deposited with the application.
(c) On receipt of the full subscription the candidate shall then become a fully qualified member of The Club
5 (a) Each member (other than classes 3a, b, j, k, l and n) shall pay to the Hon. Treasurers an annual subscription due on April 1st each year.
(b) The annual subscription shall be as determined by Council decision before February 29th each year.
(c) No member shall be entitled to exercise any rights or privileges of membership until the appropriate subscription be paid.
(d) Membership shall be revoked for any member whose subscription remains unpaid for more than three calendar months. Membership rights will be reinstated following receipt of full subscription owed. Members are not entitled to reduced membership under these circumstances.
(e) At the discretion of the Council, members joining after September 30th in any year may be admitted at a reduced subscription for the remainder of the current year.
(f) The financial year of The Club shall be from April 1st to March 31st.
(g) The Council may at any time terminate the membership of any member should it deem this action desirable in the interest of The Club.
6 The Officers of The Club shall be:-
Commodore
Vice-Commodore
Rear Commodore (Social)
Rear Commodore (Works)
Hon. Secretary
Hon. Joint Treasurers (2)
Hon. Sailing Secretary
Hon. Fishing Secretary
Hon. Social Committee Secretary
Hon. Works Committee Secretary
Hon. Membership Secretary
Hon. Off-Shore Secretary
Hon. Newsletter Editor
Hon. Publicity Officer
All of whom shall be elected annually
7 (a) The affairs of The Club shall be managed by a Council and shall consist of:
The Officers
Five members to be elected annually
(b) A minimum of Five Council members shall form a quorum.
(c) The Council, which shall be chaired by the Commodore, shall manage the affairs and interests of The Club in accordance with the constitution, and shall make any necessary bye-laws they deem fit to[J2] achieve the interest of the club.
(d) The Council shall have the power to co-opt members to fill any vacancy arising on the Council or any Committee between Annual General Meetings. The Council may also co-opt any member with specialist qualification to meet a specific need.
(e) All other Committees shall be subject to the direction of Council.
(f) The Council shall meet once per month or at a date to be determined at the preceding regular meeting. Additional meetings may be called by the Commodore, Vice-Commodore, or Rear Commodores, or upon receipt by the Hon. Secretary of a request, in writing, signed by five Council members to call an additional meeting. At least three days notice is to be given by the Hon. Secretary to each Council member of additional meetings.
(g) The Commodore, Vice-Commodore, Rear Commodores, Hon. Secretary and Hon. Joint Treasurers shall be members (ex officio) of all committees and sub-committees.
8 (a) The Sailing Committee shall be responsible to the Council for all sailing matters within The Club and shall consist of:-
Vice Commodore (Chair)
Hon. Sailing Secretary
Class Captains
Bosun (Safety Boats)
Bosun (Club dinghies)
Race Office (Manager)
Results Officer
Berthing Officer
Training Centre Principal (to be appointed by Council)
Four elected members
(b) A minimum of Five Sailing Committee members shall form a quorum.
9 (a)The Social Committee shall be responsible to the Council for all social matters in The Club and shall consist of:-
Rear Commodore (Chair)
Hon. Social Committee Secretary
Fourteen elected members
A minimum of Five Social Committee members shall form a quorum.
(b) The Works Committee shall be responsible to The Council for maintenance of The Club and its environs and shall consist of:-
Rear Commodore (Works)
Honorary Works Secretary
Co-opted members as determined by the Rear Commodore
10 (a) Nomination forms for election of members to fill the following annual vacancies shall be posted on the notice board by the Hon. Secretary, in writing, at least six weeks before the date of the Annual General Meeting.
(b) President
Commodore
Vice-Commodore
Rear Commodore (Social)
Rear Commodore (Works)
Hon. Secretary
Hon. Joint Treasurers (2)
Hon. Sailing Secretary
Hon. Fishing Secretary
Hon. Social Committee Secretary
Hon. Works Committee Secretary
Hon. Membership Secretary
Hon. Off-Shore Secretary
Hon. Newsletter Editor
Hon. Publicity Officer
Five Council Members
Class Captains (Classes as proposed by Sailing Committee)
Bosun (Safety Boats)
Bosun (Club dinghies)
Race Office Manager
Results Officer
Berthing Officer
Training Centre Principal (to be appointed by Council)
Four Sailing Committee Members
Fourteen House Committee Members
(c) Each nomination shall be entered by the nominee in writing and proposed and seconded by the signatures of two Club Members, and must be entered at least one hour prior to the Annual General Meeting.
(d) The election shall be conducted by a majority vote decision
(e) Officers, Council and Committees shall assume office immediately after the Annual General Meeting.
(f) The Club accounts shall be audited annually and presented to the AGM.
(g) The number of class captains shall be as proposed from time to time by Sailing Committee.
11 (a) An Annual General Meeting (AGM) shall be held at any time during November or December each year, on a date to be fixed by the Council, and twenty-eight days notice in writing shall be given to all members.
(b) Any member may, at an Annual General Meeting, move any amendment or addition to the Constitution, provided that twenty-one days notice of this intention is given in writing to the Hon. Secretary.
(c) All proposed amendments or additions to the Constitution shall be displayed on The Club notice board for fourteen days before the date of the Annual General Meeting.
(d) No other business shall be conducted at the AGM except the presentation of the accounts, the elections, any amendments or additions to the Constitution as provided for above, and any business that the Council may order to be inserted in the notice convening the meeting, unless notice is given to the Hon. Secretary at least twenty-one days before the date of the meeting.
(e) An Extraordinary General Meeting shall be called by the Hon. Secretary when so decided by the Council or within twenty-one days of receipt of a petition signed by twelve or more members by the Hon. Secretary. Fourteen days notice of the time, date and the subject of the meeting shall be given in writing to all members. Only the subjects selected by the Council, or contained in the petition, shall be discussed at that meeting.
(f) 15% of the voting membership shall form a quorum at any General Meeting
(g) If there is no quorum at an Annual General Meeting, the meeting shall be convened at a later date after due notice and the members present shall form a quorum.
(h) If there is no quorum at an Extraordinary General Meeting, the meeting shall be dissolved, and any arising decisions be taken by Council.
12 The Council may allow individuals or groups of persons, who are not members of The Club, to use The Club’s water and facilities in recreational and non-recreational activities related to the promotion of the clubs activities and interests.
13 The Council is empowered to raise loans as necessary and arrange security as required.
14 Limitation of Club Liability:
Members, their guests and visitors are bound by the following rules which shall also be exhibited in a prominent place within The Club premises:
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 implicitly 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 any personal injury arising out of use of The Club premises and any other facilities of The Club, either sustained by members, their guests or visitors or caused by 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, Council or servants of The Club.
15 Trustees
(a) Number of and terms of Trustees:
There shall be at least three Trustees of The Club who shall be appointed from time to time as necessary by the Council of The Club from among Full, Family or Honorary Members and VP’s who are willing to be so appointed. A Trustee shall hold office during his/her lifetime or until he/she shall resign, by notice in writing given to the Council, or until a resolution removing him/her from office shall be passed at a meeting of the Council by a majority comprising two thirds of the members present and entitled to vote.
(b) Property of club invested in Trustees:
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 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 Council shall nominate a new Trustee in his/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 of The Club within the meaning of Section 36 of the Trustees Act 1925 and he/she shall be Deed duly appoint the person so nominated by Council.
(c) Power of the Trustees:
The Trustees shall in all respects act, in regard to any property of The Club held by them, in accordance with directions of the Council; 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 Council’s direction (which shall be duly recorded in the Minutes of the proceedings of the Council) but no purchaser, or lessee or mortgagee shall be concerned to enquire whether any such direction be given.
(d) Indemnity of Trustees from club funds:
The Trustees shall be effectually indemnified by the Council 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 their performance of the functions of a Trustee of The Club.
16 Member’s Indemnification of Council:
In pursuance of the authority vested in the Council by members of The Club, members of the Council 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 Council has been authorised to exceed such limit by a General Meeting of The Club.
17. Members over the age of eighteen may introduce friends into The Club as guests, no more than six times per year.
(a) Any visitors participating in Open Events must complete an Open Meeting Sign Up form, and will then become temporary members of the club upon receipt of entry. They must abide by club bye-laws for the duration of the event.
(b) Visitors to social events are to abide by club bye-laws during the duration of the event.
18 If at any time berth fees payable to The Club by any member or former member shall be three months or more in arrears then:
(a) The Council shall be entitled to move the boat to any other part of the premises without being liable for any loss or damage to the boat howsoever caused.
(b) The Council shall be entitled upon giving one month’s notice in writing to the member, at the 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 subscriptions of berth fees or otherwise) from the net proceeds of sale before accounting for any balance (if any) to the members or former member.
(c) Alternatively any boat, which in the opinion of the Council cannot be sold, may upon such notice as 18 (b), be disposed of in any manner the Council may see fit and the expenses recovered from the member or former member. Further, The Club shall, at all times, have a lien over members’ or former members’ boats parked on The Club’s premises in respect of all monies due to The Club, whether in respect of arrears of berth fees or subscriptions or otherwise.
19 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 current Data Protection Act.
20 It is hereby agreed that The Club is a non-profit making venture established for the carrying out of sporting pursuits for its members and bona fide visitors. In the event that a surplus is made upon The Club's activities in any year then that surplus will be reinvested for the benefit of The Club. No member is at any time entitled to any portion of The Club or its funds or a surplus on activities.
21 In the event that The Club ceases to exist The Trustees will dispose of any remaining assets, settle all debts and liabilities and thereafter any remaining surplus will be donated to a registered charity nominated and agreed upon by the Trustees.
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[J2]
Elton Sailing Club and Bury Angling Association CONSTITUTION
Last Updated 30/12/2010
Berthing Form 2013