RSC Bylaws and Rules

The Club Rules, effective 19th January 2023, are reproduced below or can be downloaded here: Rules of RSC December 2022

The Club Bylaws, effective 19th January 2023, are also reproduced below (below the Rules) and can be downloaded here: Bylaws of RSC December 2022

RULES OF RESTRONGUET SAILING CLUB

 (With amendments agreed at the 2022 AGM.)

INDEX

1 Name, Aims and Objectives of the Club

2 Officers of the Club

3 Membership

4 Conduct of Members

5 Limitations of Club Liability

6 Trustees

7 General Committee

8 Powers of the General Committee

9 General Meetings of the Club

10 Dissolution of the Club

1. NAME, AIMS AND OBJECTIVES OF THE CLUB

1.1 The name of the Club shall be “RESTRONGUET SAILING CLUB”, hereinafter referred to in these rules as “the Club”. The Club shall be affiliated to the Royal Yachting Association.

1.2 The object for which the Club is formed is to promote and encourage participation in the sport of sailing, particularly amongst beginners and also to provide social and other facilities for members as may from time to time be determined.

1.3 The income and property of the Club shall be applied solely towards promoting the Club’s objects as set forth in these rules and no portion thereof shall be paid or transferred directly or indirectly to the members of the Club or third parties. This does not prevent the Club from making donations to another registered CASC or a charity.

1.4 The burgee of the Club shall be a white oyster on a blue background with a white border 1/10th of the hoist of the flag in width.

2. OFFICERS OF THE CLUB

2.1 The Flag Officers of the Club shall be Full members of the Club and shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore (House), Rear-Commodore (Dinghies) and a Rear-Commodore (Cruisers). Other Officers shall be a Treasurer, a Secretary, and a Social Secretary. Officers shall be elected each year in the same manner as members of the General Committee (Rule 7) and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year.

2.2 The posts of Commodore, Vice Commodore, Rear-Commodore (House), Rear-Commodore (Dinghies) and Rear-Commodore (Cruisers) shall not be held for any period greater than three years at any one time.

2.3 The Secretary, with the Administrator and the Treasurer, shall: Keep a register of Club members’ names and addresses; conduct the correspondence of the Club; keep custody of all Club documents; keep full minutes of all Meetings of the Club and the General, Sailing, House, and any other sub- Committees which shall be confirmed by the appropriate Chairman upon the agreement of the Club, Committee or sub-Committee at the next following meeting of the Club, Committee, or sub-Committee; maintain any such certificates or registrations, and complete such non-financial returns, as may be required by law.

2.4 The Treasurer shall: Cause such books of account to be kept as are necessary to give a true and fair view of the state of the finances of the Club; cause all returns as may be required by law in relation to such accounts to be rendered at the due time; cause the Club accounts to be made up to the 30th September each year; cause to be prepared, examined and printed every year a statement of receipts and expenditure and a balance sheet, which shall be submitted to the Club at the next Annual General Meeting. A copy of the same shall be sent to every member, together with the notice convening such a meeting. The Treasurer shall also administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Officers and members.

2.5 The Auditor shall: Be appointed at the Annual General Meeting in each year; 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. The Auditor shall hold a relevant qualification for the post.

3. MEMBERSHIP

3.0 Membership shall be open to all persons regardless of ethnicity, nationality, sexual orientation, religion or other beliefs, or of age, sex or disability. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis. The Club may refuse membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made to the Club’s members and decided by a majority vote. The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose significant obstacles to people participating.

3.1 There shall be the following categories of membership and their power to vote at General Meetings of the Club is as indicated hereunder.

3.1.1 A FULL MEMBER - being a person who, at the date of election is over the age of eighteen, shall have one vote.

3.1.2 A FULL MEMBER aged 19 – 29 - being a person who, on the 1st January of the membership year is between nineteen and twenty-nine, shall have one vote.

3.1.3 FULL FAMILY MEMBERSHIP – Up to two adults from the same family who are co-habiting and other family members 21 or under on the first of January of the membership year. Family membership will entitle up to two adults to have one vote each A member of the family who reaches the age of 21and wishes to remain a Club member shall join as either a Student or Full member in the following year. The entrance fee is waived.

3.1.4 FULL FAMILY MEMBERSHIP under 30 – Up to two adults from the same family who are co-habiting, the eldest of whom is 29 or under and other family members 21 or under on the first of January of the membership year. Family membership will entitle up to two adults to have one vote each.

3.1.5 A JUNIOR MEMBER – being a person who is under sixteen years on the first of January of the membership year, who shall have no vote.

3.1.6 A YOUTH MEMBER – being a person who is between sixteen and eighteen years on the first of January of the membership year, who shall have no vote.

3.1.7 A STUDENT MEMBER – being a person between the ages of eighteen and twenty five years on the first of January of the year of application and who is in receipt of FULL TIME education, shall have one vote. The Committee may ask for proof of full time education.

3.1.8 A NON-SAILING MEMBER – being a person who shall have no vote and a restricted entitlement to use Club facilities. A Non-Sailing Member shall be aged 19 years or over on the first of January of the year of application. This class of membership only entitles the member to attend social functions, use the Club’s shore facilities and receive Club communications. In addition, Non-Sailing Members can volunteer to support on-water activities, such as racing and training, including providing rescue cover when appropriately trained..

3.1.9 A TEMPORARY MEMBER who shall have no vote. When a Temporary Member is aged less than 18 years a parent or responsible adult must assume responsibility, by endorsing the application, for seeing that the Temporary Member obeys the rules and byelaws of the Club. The subscription shall be determined annually to be valid for a period of one day and one week and a Temporary Member’s subscription shall cover all the members of their family living together as such, and berthing/dinghy parking facilities if available. Temporary membership may be given free of charge to any person attending an event organised by the Club. Temporary Members shall have no right to introduce visitors to the Club or the facilities thereof; neither shall they have any right to take any part in the management of the Club. Individuals who are not Club members but who are asked by the Club to drive a club RIB will be granted Temporary Membership for the relevant period of time. Such individuals must complete a Register retained in the Clubhouse. Temporary Members will undertake to comply with the Club rules and bylaws in so far as such rules and bylaws may be deemed to apply to them.

3.1.9 After 1st Dec 2019, no new awards of Honorary Life Membership will be made. Existing Honorary Life Members will continue to have all the rights and privileges of full membership for life. Awards for exceptional service to the Club will be made, but such an award will not constitute a class of membership.

3.1.10 The categories of membership "Life Membership and Limited Life Family Membership" are no longer available, however those people currently members in these categories shall continue to have their current entitlement with respect to the use of Club facilities and voting rights for the duration of their membership.

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

3.3 The rate of Joining and Subscription fees for each category of Membership shall be determined by the Committee and presented to the AGM for agreement. The current rate of Joining and Subscription fees shall be prominently displayed in the Club premises, on WebCollect and on the Club website.

3.4 Members shall also make the following payments: All members shall pay the Joining fee (if any) and their first annual subscription upon application to the Club, and thereafter should pay their annual subscription by the first of January in each year. A member elected after the first day of October in any year shall pay on application the Joining fee (if any) and the relevant fee for the Frostbite season.

3.5 If any member’s subscription is two or more months in arrears the Committee will remove the member’s name from the register of members and he/she shall thereupon cease to be a member.

3.5.1 The Committee shall then be entitled:

  1. a) to remove any boat or equipment to any part of the Club’s premises without being liable for any loss or damage howsoever caused.
  2. b) Upon giving one months notice in writing or by email to the member/former member at his/her last known address shown in the register of members, to sell the boat or equipment and to deduct any monies due to the Club from the net proceeds of sale before accounting for the balance (if any) to the member or former member. The Committee may only do this if evidence is available to show that all reasonable steps have been taken to trace a member or former member. If any balance is outstanding from the sale and member or former member cannot be traced it shall be placed in a bank deposit and retained against the eventuality of a claim by the owner, for a period of six years.
  3. c) to dispose of any boat or equipment which, in the opinion of the Committee, cannot be sold, upon such notice aforesaid. This shall be in any manner the Committee may think fit and the expenses recovered from the member/former member as a debt owing to the Club.
  4. d) to hold lien over members’ or former Club 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. The Committee may at any time restore membership upon payment of all arrears of subscriptions then due, subject to an additional payment to be determined. No member whose annual payments are in arrears may enter any Club event or regatta or vote at any meeting.

3.6 The Sailing Committee may choose to refuse to allocate a space in the dinghy park if, to their satisfaction, a boat in the dinghy park cannot be shown to have been used significantly in the preceding year. An appeal may be made to the General Committee.

3.7 The Sailing Committee may choose to remove the entitlement to a dinghy park space if the boat allocated that dinghy park space cannot be shown to have been used significantly in the three months since being allocated, or if the dinghy park space has not been filled in that time-period. If the member has a valid reason for this, then the dinghy park space entitlement will remain. At least two weeks prior to making a decision on removal of entitlement to a dinghy park space the Sailing Committee or its representatives will contact the owner by email or letter to inform them that they are at risk of losing their space. An appeal may be made to the General Committee. Any member whose entitlement to a dinghy park space is removed may be ineligible for a space the next season. Members with more than one space, one of which is re-assigned, may only be allocated spaces equivalent to the number of spaces allocated in the previous season minus the number of spaces re-assigned.

3.8 In the event that a boat and/or equipment is identified as not having entitlement to a dinghy park or tender rack or engine shed space then the Committee have the right to move the boat and/or equipment within the club premises or remove it completely from the club without being liable for any loss or damage whatsoever. The owner will be informed of any movement by email or letter. In addition, a letter will be sent on behalf of the Committee warning that if the dinghy is not removed within 1 month of the Committee sending the letter, then the Committee have the right to sell the boat and/or equipment. Any proceeds minus expenses will be passed on to the member. In the event that the owner cannot be identified then an all-members email should be substituted for the letters specified above.

3.9 Members may change their class of membership by agreement of the Committee on payment of the difference between the Entrance fee for the new and old classes (if applicable) plus the difference between the annual subscription already paid for the current year and the subscription rate for the new class.

3.10 Every member shall furnish the Secretary with an up-to-date email address, which will be recorded in the register of Members, and any notice sent to such address shall be deemed to have been duly delivered. Any member who requires that such notices are sent by post must notify the Secretary in writing.

3.11 An application for membership shall be in the form from time to time prescribed by the Committee, and shall include the name, address and email address of the candidate, and the boat type and mooring/ parking requirements. Appropriate fees will be returnable if the application is unsuccessful.

3.12 The election of all classes of members is vested in the Committee and shall be by a simple majority vote of Committee members. The Administrator will inform each candidate in writing of the candidate’s election or non-election and shall furnish an elected candidate with a copy of the Rules and Bylaws of the Club.

3.13 A member desirous of retiring from membership shall give notice in writing to the Secretary. Upon reapplication by a past member the Committee may, at its discretion, waive the payment of the Entrance fee.

3.14 A charge may be levied for leaving boats on club premises or using club moorings. These fees shall be recommended by the General Committee to the Annual General Meeting for agreement.

3.15 At the Committee’s discretion a work levy rebate scheme may be implemented to offset membership fees. Details of the Scheme will be set out in the Bylaws and displayed at the Club.

3.16 The Club will not normally refund any subscriptions or fees or parts thereof after 1st April in the membership year in which the payment was made unless the overpayment is due to an administrative error on the part of the Club, or the event or service is cancelled by the Club.

3.17 Where a boat that is kept on a club mooring or in the dinghy park has shared ownership it is required that all owners shall be full members of the Club.

3.18 At the Committee’s discretion a scheme to encourage the take up of race duties may be offered. Details will be set out in the Bylaws.

3.19 Further details of the privileges, responsibilities and rules of Membership can be found in the Bylaws.

4. CONDUCT OF MEMBERS

4.1 Every member, upon election and thereafter, is deemed to have notice of, and implicitly undertakes to comply with the Club Rules and the current Bylaws 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 a 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 must be carried by a two- thirds majority vote by those members of the Committee present and voting on the Resolution.

4.2 Members shall enter the names of all guests in the Visitors’ Book. The same guest may not be introduced more than six times in any calendar year and a member may not introduce more than six guests in any one day.

4.3 Persons other than Members or their guests may be admitted to the premises of the Club on such occasions and at such times as the Committee at its discretion shall permit and provided that such persons are either:

  1. a) A bona-fide member of an affiliated RYA club or organisation visiting the Club for the purpose of sailing activities. Such permission shall specify the dates that such a person may use the premises.
  2. b) Taking part in a sailing event sponsored by or on behalf of the Club, whereon they are entitled to use the Club premises within a period of 24 hours before and after the event.
  3. c) Attending a private function organised by a member of the Club who is present at that function.
  4. d) Attending a function organised by the Club or a bona-fide organisation as a result of hiring of the premises provided that no more than six such functions shall be held in any one calendar year by any one organisation.

4.4) Any Committee member, or any Club member who has been given authority by any two members of the Committee, may expel, temporarily or permanently, any person who is not a Club member, who has been given the use of the Club as outlined above and has behaved in such a way that would be unacceptable if they were a member of the Club.

4.5 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.

4.6 A member shall settle any debts for any refreshment or otherwise before leaving the Club, or in accordance with any byelaw relating to the settlement of such indebtedness.

4.7 Complaints of any nature shall be addressed in writing to the Secretary and the complainant shall receive a written acknowledgement and response.

4.8 The Committee may allow prize-winners to hold trophies away from the Club premises, in which case the winner is to return the trophy to the Club on demand. All trophies shall remain the property of the Club unless otherwise stated.

4.9 Members, other than Officers, must not deal with the public in such a way as to give the impression that they represent the Club without minuted Committee permission.

5. LIMITATIONS OF CLUB LIABILITY

5.1 The Club will endeavour to operate within any Health and Safety legislation or legal guidance that relates to its activities.

5.2 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 implicitly accept that the Rules and Bylaws apply to them.”

5.3 The Club will not accept any liability for any damage to or loss of property belonging to the members, their guests or visitors to the Club.

5.4 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, whether or not such damage or injury could have been attributed to or occasioned by the neglect, default or negligence of any of them, the Officers, Committee or servants of the Club.

5.5 Personal information provided by members as part of a membership application or renewal comes under the scope of the General Data Protection Regulation (which replaces the Data Protection Act from 25 May 2018). Data necessary for the efficient running of the Club will be held in electronic or written form. Members will be asked, during the application or renewal process, to give consent to inclusion of their information in the Club Yearbook, dinghy space and mooring allocation charts, fleet lists, racing entries and results, etc. Any persons wishing to question such data being held or the use being made of it, or wishing to examine their own personal data should apply to the Secretary in writing.

6. TRUSTEES

6.1 There shall normally be four Trustees of the Club who shall be elected by the membership of the Club from time to time as necessary by resolution at a General Meeting from among Full, Family or Honorary Members who are willing to be so appointed. Vacancies will be notified to the Membership by the Secretary and the process of election will be the same as that for Committee members as detailed in paragraphs 7.2 to 7.5 below, save that a special General Meeting may be called for that specific purpose (Rule 9.6 below).

6.2 A trustee shall hold office during his/her lifetime or until they shall resign by giving notice, in writing, to the Committee, or until a resolution removing them from office shall be passed at a General Meeting of the Club by a majority comprising two-thirds of the Members present and entitled to vote.

6.3 On appointment of the new trustee the Committee 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.

6.4 For the purpose of giving effect to any such nomination, the 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 they shall duly appoint the person or persons so nominated by the General Meeting.

6.5 The Commodore can ask the Trustees for advice at any time, but should arrange meetings at least annually to update the Trustees about Club matters.

6.6 All the property, except cash (which shall be held by the Treasurer of the Club), including land and investments shall be held by the Trustees in their own names, so far as it is necessary and practicable, on trust for the use and benefit of the Club.

6.7 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, if authorised by resolution passed by the Club in a General Meeting, 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 mortgager shall be concerned to enquire whether any such direction has been given.

6.8 The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any risk, 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 of the Club. (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club).

6.9 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.

7.    GENERAL COMMITTEE

7.1 The General Committee (herein referred to as “the Committee”) shall consist of the Officers and not more than six members of the Club elected at the Annual General Meeting each year to hold office until the end of the next Annual General Meeting.

7.2 All members offering themselves for election shall have their nominations proposed and seconded by Voting Members in writing, with their written consent, which must be with the Secretary at least 28 days before the day of the Annual General Meeting.

7.3 The names of those proposed for office or Committee and the names of those proposing and seconding them shall be prominently displayed at the Club, on the website at least 14 days before the Annual General Meeting and be delivered to members with the Notice of the AGM and the Agenda.

7.4 If the number of candidates for election to the Committee or Flag Officers is greater than the number of vacancies to be filled there shall be a secret ballot at the meeting provided that any member unable to attend the meeting shall be entitled to cast a postal vote on the proper form obtainable from the Secretary to be returned to the Secretary 24 hours before the day of the General Meeting. Proxy votes will not be allowed.

7.5 In the event of the ballot failing to determine the members of the Committee or the Flag Officers because of an equality of votes the candidate or candidates to be elected from those having an equal numbers of votes shall be determined by lot.

7.6 The Committee may co-opt a member to the Committee until the next Annual General Meeting.

7.7 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/her absence the Vice or Rear Commodore or a Chairman elected by those present shall preside.

7.8 Should the position of Commodore become vacant the Vice Commodore may take over executive function until the next General Meeting or AGM. The Committee may appoint anyone from the Club to the position of Commodore until the next Annual General Meeting or General Meeting.

7.9 Minutes of all meetings of the Committee shall be displayed on the Club Website. A copy shall be sent to each Trustee.

7.10 On any committee, members shall declare any commercial interest that they may have in a particular topic, and though being able to enter into discussions may have no vote in the matter.

8. POWERS OF THE COMMITTEE

8.1 The Committee shall manage the affairs of the Club according to the Rules. Elected Officers and Committee members shall have one vote at Committee meetings, except that the Chair may exercise a casting vote if the need arises. The quorum for a Committee meeting shall be 6.

8.2 The Committee shall make, alter or repeal such Byelaws as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises and on the website, for fourteen days before the date of implementation.

8.3 The Committee may appoint such subsidiary Committees or Sub-Committees (known collectively as sub-committees in the paragraphs below) 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 may be ex-officio members of any such sub-committees. The minutes of any such sub-committees shall be presented to the Committee.

8.4 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.

8.5 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 contract only as expressly authorised or authorised by implication. A resolution passed and recorded in the Minutes of a Meeting will be required if the Committee wishes to borrow. Such a resolution should state the purpose for borrowing and its terms and conditions. All members of the Club, if the resolution is passed, will be deemed to have agreed to the resolution.

8.6 In pursuance of the authority vested in the Committee by the members of the Club, members of the Committee are entitled to be indemnified by the members against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is or could 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 current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.

8.7 Any matter not provided for by these Rules or Bylaws shall be referred to the Committee whose decision is final.

9. GENERAL MEETINGS OF THE CLUB

9.1 An Annual General Meeting of the Club shall be held each year in the month of November on a date to be fixed by the Committee.

9.2 The Secretary shall at least 14 days before the date of this or of any General Meeting deliver to each member an Agenda showing the business to be brought before the meeting.

9.3 Any member desirous of moving any resolution at the Annual General Meeting shall give notice thereof in writing to the Secretary by 56 days before the meeting. By 49 days before the planned meeting the Secretary will cause copies of such Resolutions to be delivered to each member as well as being posted on the Club notice board.

9.4 Any member wishing to move a substantive amendment to any resolution on the agenda of the Annual General Meeting shall give notice in writing to the Secretary by 28 days before the meeting. Such amendments will be delivered to each member with the Agenda.

9.5 No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees, Honorary Members and the 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 Secretary by 28 days before the Annual General Meeting.

9.6 The Committee may at any time, upon giving 21 days notice, 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.

9.7 The Committee may at any time and shall within 28 days on the requisition of any 12 members, stating the business for which it is required, convene a special General Meeting for any specific purpose.

9.8 At every meeting of the Club the Commodore, or in their absence, a Chairman nominated by the Committee shall preside.

9.9 Fifteen members entitled to vote, and personally present, shall form a quorum at any General Meeting of the Club.

9.10 Only members with voting rights as defined in Rule 3.1 shall vote at any meeting of the Club. Other members may attend, but are not entitled to vote.

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

9.12 Members may vote by post on any resolution before a General Meeting. Postal votes must be received by the Secretary prior to the day of the meeting. Postal votes must be on the proper form obtainable from the Secretary and be received by the Secretary 24 hours before the day of the General Meeting.

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

9.14 On any resolution properly put to a meeting of the Club relating to the creation, repeal, or amendment of any Rule of the Club such Rule shall not be created, repealed or amended except by a two thirds majority of the votes cast.

10. DISSOLUTION OF THE CLUB

10.1 If upon the winding up or dissolution of the Club, there remains, after satisfaction of all debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club but may be: a) Given or transferred to a registered CASC or, b) Given or transferred to a charity.

10.2 Such registered CASCs or Charities are to be determined by the members of the Club by Resolution passed at a General Meeting at or before the time of dissolution.

 

The Bylaws of Restronguet Sailing Club

(This version of the Bylaws was confirmed at the 2022 AGM. Any amendments will be posted at the Clubhouse and published on the Website)

GENERAL.

1 No cars or motorcycles belonging to members of the Club or their guests shall be parked at any time on the private road between the end of the county road by the church and the Club premises, on the beach or on any part of the Club grounds.

2 No motor boats shall use club moorings except with the express permission of the General Committee.

3 The public right of way in front of the Clubhouse shall at all times be left clear, and no boats or trailers shall be parked on it.

4 Dinghy parking shall be under the control of the General Committee. No boat or equipment may be left at the Club before payment of the appropriate parking fee. Boats must be clearly identifiable by the owner’s membership number clearly displayed and not masked by any covers.

5 Club members may not store petrol anywhere on the club site. Outboard motors, with or without petrol, must be stored in the engine shed at the owner's risk.

6 Members or their guests bringing dogs to the club shall keep them on a lead at all times. Dogs will not be allowed inside the club buildings under any circumstances. (This restriction is not applicable to assistance dogs.)

7 All clothing and personal equipment shall be removed from the Clubhouse at the end of each day in order to allow the premises to be cleaned. Abandoned items may be disposed of and if sold the proceeds shall be given to Charity.

8 No road trailers may be left at the Club.

9 Any member who keeps a vessel at the Club, either in the Dinghy Park or on a Club mooring, must arrange adequate Insurance cover with a limit of indemnity in respect of Third-party claims of at least £2Million (two million pounds) for boats in the Dinghy Park and £3 Million (three million pounds) for boats on moorings. The member must confirm the arrangement of such Insurance at the time of paying his/her annual fees, and without such confirmation will not be allowed to keep a vessel at the Club. The member must be able to show documentary evidence of such cover within seven days of a request to do so.

DINGHY PARKING – SUMMER AND WINTER AND RACE DUTIES.

10 Full Members, Family Members, Student members, Youth members, and Honorary Members may apply to keep sailing dinghies in the dinghy park, tenders in the tender rack and outboards in the engine shed. Members with existing spaces will have priority for the same number of spaces they had in the previous season until the second Monday of January, assuming they have carried out the required number of Race Duties in the previous season and applied and paid for membership and the space.

After the second Monday of January, spaces for dinghies, tenders and outboards will be opened-up to other members on a ‘first come first served’ basis.

The allocated number of race duties will be defined by the Sailing Committee at the start of each season and in the case of a double handed boat regular crews will be expected to do duties along with the helms. Crews who also have their own boats and so already do duties will not be expected to double up. In the case of a member or members joining part way through a season a pro rata adjustment to the number of race duties will be made.

Members who do not keep their boat in the Club Dinghy park but enter Club races will also be expected to do Race Duties.

Any member failing to arrive for an allocated duty will be given a 'Disqualification that is not excludable' (DNE) score for every race that day. If a member wishes to keep a second boat in the dinghy park for the bona fide use of a member under 16, there will be no extra formal race duty requirement. (In exceptional cases the Sailing Committee might waive this Bylaw on application from a Member).

10.1 Junior members (those under 16) at the start of the membership year are not entitled to apply for Dinghy Park spaces and there is no formal requirement for them to do race duties. Junior members aged 14 and 15 are however encouraged to join in the duty group activities in a supervised way for their own interest and experience, and to help support Club activities.

10.2 All boats must be marked with the owner’s membership number and properly secured in order not to cause damage to others.

10.3 Details of the management of boats not marked with the owner's membership number will be displayed on the Club noticeboard by March 31st each year.

10.4 Equipment and boats left at the Club whose owners cannot be identified may be removed or disposed of in line with Club rules.

10.5 No Dinghy Park space or tender allocation may be sublet to another member without the approval of the RSC Committee.

10.6 All boats and equipment must be removed from the club premises by 1st January, unless winter parking has been applied for. Boats left in the dinghy park after 1st January will be deemed to require winter parking, and be charged accordingly. (This does not apply to tenders belonging to 12 month mooring holders.)

10.7 All boats that have detachable wings are to ensure that they are either retracted or detached when the boats are stored in the dinghy park. In the case of RS700 and RS800 they should be retracted to 1.9M or less, in the case of Musto Skiffs they should be detached. This will facilitate the provision of additional dinghy park spaces for members. New members should discuss their parking requirements with the Dinghy Park Manager who will explain the current policy for their particular boat.

10.8 Owners of boats that have a removable mast e.g. Lasers, Pico’s, Aero’s etc. are to ensure that the mast is not stowed in such a way as to overhang the ends of the boat. For example, a Laser should have the sail removed and the masts stowed in two parts within the boat’s length. No boat equipment is to project beyond the boundary of the club’s grounds as a matter of courtesy to RSC’s neighbours.

MOORINGS.

11.1 The Club leases the mooring area from Cornwall Council (previously from Carrick District Council) and is thus able to grant licences to RSC members to have moorings laid for vessels owned by them.

11.2 An RSC member to whom such a licence has been granted is referred to below as the licensee, and the RSC member whose vessel is using the mooring (either the licensee, or a member to whom the mooring has been sublet, with permission, under Bylaw 11.12) is referred to below as the Mooring Holder.

11.3 Mooring gear and positions shall be under the control of the Club and subject to the approval of the appropriate Cornwall Council Maritime Officer. Licensees must ascertain the standards required. The recommended minimum standards are available from the Mooring Master.(See also 11.16)

11.4 Under no circumstances may any licensee lay a mooring without the express permission of the Mooring Master. Lifting and Laying of moorings will be carried out by the contractor to the Club for a charge agreed with the Committee.

11.5 Applications for new moorings should be made to the Secretary.

11.6 Mooring licences are for either 6 months (April 1st to September 30th) or for 12 months. Six monthly moorings may be laid for 1st April and must be removed completely by 1st October. Moorings not so removed may be removed by the Club and an appropriate charge made. A boat left on the moorings after the first Saturday in October may be removed by the Club. The Club will not be liable for subsequent damage or expense.

11.7 The Club cannot accept responsibility for damage caused by a boat breaking loose from or dragging its mooring. Each licensee must check the position of his mooring immediately after it has been laid.

11.8 Mooring blocks must not be left on the beach during the sailing season. Any so left may be appropriated by the Club.

11.9 Where, in the opinion of the RSC Mooring Master, it is necessary or expedient for the better operation of the Harbour and/or the safety and/or convenience of the users thereof, RSC may, at the sole risk of the licensee:

  1. a) Lift, carry out repairs to and re-lay and/or
  2. b) Re-site elsewhere within the area leased by RSC, any licensed mooring, and may move any vessel then occupying the said mooring. The Licensee will pay RSC reasonable charges for such work where appropriate.

11.10 At the expiry of the license all mooring gear must be removed by the Licensee at his own expense. Failure to do so within 7 days of the expiry shall empower the RSC Mooring Master to remove the same at the Licensee's expense without incurring any liability for any damage caused to the mooring gear, or to any vessel moored thereto during or by reason of such removal. The Licensee shall continue to be responsible for a fee equivalent to the daily proportion of the mooring fee for each day Thereafter until such time as the mooring is removed.

11.11 The licence allows a named member to have a mooring laid for a specific vessel; therefore use by another vessel requires the previous consent of the Committee. Members shall neither permit non-members to use a mooring, nor imply that they may arrange to transfer the mooring rights to another person.

11.12 A mooring may, with the previous consent of the RSC Committee, be left unused or sublet to another member of RSC for a period of up to two years. After this period, if the mooring licence holder does not wish to use the mooring for their own craft, the mooring will be reallocated.

11.13 The mooring license is only granted after the receipt of the appropriate fee, which is due on 1st January. The Committee has agreed to reserve the previous Licensee's allocation until 1st February of the current year. After this date moorings will be allocated at the discretion of the Committee with advice from the Mooring Master.

11.14 Allocations are normally only made for monohull sailing vessels.

11.15 Applicants who are not able to personally supervise their vessels must satisfy the Committee that they have adequate local supervision of the vessel.

11.16 The maximum length recommended by the Committee is 9.14m (30ft) and the maximum draft recommended is 1.37m, (4.5 ft.). For boats larger than this advice should be sought from the Mooring Master.

11.17 Licensees are required to provide their own mooring tackle which must comply with the specification set by the Club and displayed on the Club noticeboard and on the Website. The mooring buoy must be clearly marked RSC and the allocated number, with the boat’s name painted on the buoy in a contrasting colour and in figures not less than 75mm (3 inches) high. The Club accepts no responsibility for the mooring tackle, which remains the property of the member.

11.18 Six-month moorings must be inspected each year before laying. Twelve month moorings must be inspected at least annually by a competent person. The Club may request evidence that this has been done

11.19 Licensees are requested to leave their pick-up buoys on the moorings until the contractor has placed the mooring on the beach.(See 11.4).

11.20 In addition to the Club's Bylaws, all Mooring Holders in Truro Harbour are bound by the Truro Harbour Bylaws (http://www.portoftruro.co.uk/files/downloads/2011/07/licensing.pdf)

11.21 A full copy of the lease is available on request to the Commodore.

CLUB PREMISES CERTIFICATE (The Bar) References: Licensing Act 2003

www.opsi.gov.uk/acts/acts2003/30017—e.htm

12.The Committee has been empowered on behalf of the Club to obtain a Club Premises Certificate, and has formulated the following rules:

12.1 Intoxicating liquor shall not be supplied, or intended to be supplied, to members on the premises other than by or on behalf of the Club.

12.2 The purchase for the Club and the supply by the Club of intoxicating liquor shall be managed by the Committee.

12.3 No person shall receive at the expense of the Club any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the Club.

12.4 No person shall directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests, apart from any benefit accruing to the Club as a whole.

12.5 No person under the age of eighteen years shall be supplied with or permitted to consume alcohol on the premises. No person under the age of 18 years shall be permitted to sell or serve alcohol on the premises, nor be a member of the “Bar Committee”.

12.6 Intoxicating liquor shall only be sold to Club members, their guests and visiting yacht persons who are members of a Royal Yachting Association affiliated Club or overseas yacht club affiliated to that club’s national yachting authority.

12.7 Intoxicating liquor shall only be supplied at times within the following permitted hours: Daily 12.00- 22.30, except that the Committee may apply for an extension to these hours for special functions. (The Committee is empowered to amend the above proposals if such is required by the courts to regain registration, providing that such amendments do not materially change the intent and scope of the proposals.)

12.8 All rule changes to Bylaws12.1 to 12.8 inclusive must be submitted to the appropriate authority and a copy sent to the police.

12.9 No guest using the Bar may be admitted more than 6 times in a calendar year. No member shall introduce more than two guests to the bar area at any one time. A person not eligible for membership cannot be admitted as a guest. Guests must sign in.

WORK LEVY AND WORK LEVY REBATE SCHEME

  1. A work levy rebate scheme has been introduced to offset membership fees.

13.1 A work levy is included in Single and Family membership fees but members who do eligible work for the Club, or are 75 or over at the start of subscription year, can claim a rebate when renewing their subscription for the following year. The work levy is evenly split into 3 work vouchers that may be used to claim a rebate. Individual or Family membership categories where there is an age restriction of 29 and under may claim up to two work vouchers. Other Individual or Family membership categories have a higher subscription and may claim up to three work vouchers. Work vouchers may not be claimed by any other membership categories.

13.2 Work as member of one of the Club's Committees (General, Sailing or House) entitles the member to up to 3 work vouchers.

13.3 Working parties or individual work items approved by the General Committee normally carry an entitlement of one work voucher. Examples of acceptable work include: maintenance tasks, assisting at Open Meetings, Falmouth Sailing Week or village regattas. Normal duties associated with regular racing do not count.

13.4 Bar duties on Wednesday evenings may be used to claim half a work voucher.

13.5 Members who are 75 or over at the start of subscription year, can claim a 100% rebate.

13.6 The levy is determined annually at the AGM and the maximum rebate that can be claimed is 100%.

13.7 Any member in the categories listed in 13.1 who is under 75 and considers that they are unable on any grounds to undertake any of the rebate earning activities can appeal, via the Secretary, to the General Committee to have their work levy waived. The decision of the General Committee will apply to the current membership year only, and will be final.

CHILDREN AND YOUNG PEOPLE

Child Protection Act

14 The RSC Committee has agreed to the RYA’s Child Protection Policy:

It is the policy of the RYA to safeguard children and young people taking part in boating from physical, sexual or emotional harm. The RYA will take all reasonable steps to ensure that, through appropriate procedures and training, children participating in RYA activities do so in a safe environment. They recognize that the safety and welfare of the child is paramount and that all children, whatever their age, gender, disability, culture, ethnic origin, colour, religion or belief, social status or sexual identity, have a right to protection from abuse.

The RYA actively seeks to: Create a safe and welcoming environment, both on and off the water, where children can have fun and develop their skills and confidence. Support and encourage recognized training centers, affiliated clubs and class associations to implement similar policies.

Recognize that safeguarding children is the responsibility of everyone, not just those who work with children.

Ensure that RYA-organized training and events are run to the highest possible safety standards. Be prepared to review its ways of working to incorporate best practice.

We will: Treat all children with respect and celebrate their achievements. Carefully recruit and select all employees, contractors and volunteers. Respond swiftly and appropriately to all complaints and concerns about poor practice or suspected or actual child abuse. This policy relates to all employees, contractors and volunteers who work with children or vulnerable adults in the course of their RYA duties. It will be kept under periodic review. A copy of the RYA guide- lines and forms will be kept in the Club House and the Race Office. All relevant concerns, allegations, complaints and their outcome should be notified to the Welfare Officer, Sabine Underwood.

14.1 A parent, guardian or nominated responsible adult must be present at all times when a Junior Member is at the club, whether on the water or ashore.

14.2 A Junior Member holding an RYA Power Boat Level Two Certificate, with or without the age endorsement, may drive a Club RIB if accompanied on board by a responsible adult who is recognised by the Club as a competent RIB driver.