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Club Rules and Byelaws

Effective: 1st January 2017

Section 1- NAME AND OBJECTS

1. The name of the club shall be "The Hertford County Yacht Club" and the burgee of the club shall be the County Emblem.

2. The object for which the club is formed is to promote and facilitate the sport of dinghy sailing and also to provide social and other facilities for members as may be from time to time determined.

Section 2- OFFICERS

3. The Officers of the club shall be Full, Honorary or Family Members of the club and shall consist, as required, of a Commodore, a Rear-Commodore, a Vice-Commodore, an Honorary Secretary and an Honorary Treasurer. Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year. All Officers of the club shall be eligible for re-election.

Duties of Honorary Secretaries etc.

4. The Honorary Secretary (and/or the Assistant Honorary Secretary) shall -

(a) hold the register of club members' names and addresses compiled by the Membership Secretary;

(b) conduct the correspondence of the club;

(c) keep custody of all club documents;

(d) keep full minutes of all meetings of both the club and the Committee. These 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) see to the maintenance of such insurance policy or policies as may be needed fully to protect the interests of the club and its members.

5. The Honorary Treasurer shall -

(a) 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.

(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 at least fourteen days before the date of the Annual General Meeting.

6. The Honorary Auditor shall -

(a) be appointed at the Annual General Meeting in each year;

(b) 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 may properly be required of him by law or by the Committee;

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

Section 3- MEMBERSHIP

Categories of Membership

7. There shall be the following categories of membership with power to vote at all meetings of the club as indicated hereunder. The rights and privileges of each category of members are as defined in the latest edition of the Bylaws of the club.

A FULL MEMBER (INDIVIDUAL) - being a person who at the date of election is over the age of 18. A full member shall have one vote.

A FAMILY MEMBER - which expression shall include one or two adults living at the same address and named children in their guardianship under 26 years of age. Each adult shall have one vote.

A FAMILY FRIEND MEMBER – being a young person under 18 who is to be included within a Family Membership but is not a member of that family.

AN HONORARY MEMBER - who shall be nominated and elected in the manner described in Rule 44 and shall have one vote.

A NON SAILING MEMBER who shall have no vote.

A SHORT TERM MEMBER – being an individual or family who has access to club facilities for a limited time and shall have no vote.

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

Membership Entrance and Subscription Fees

8. The rate of entrance and subscription fee for each category of membership shall be fixed by the Committee following the Annual General Meeting in each year and shall become operative on 1st January in the year following.

9. Members allocated space in the club boat park shall pay an annual fee of such a sum as the Committee shall from time to time prescribe. All members shall become liable to pay the Entrance fee (if any) and their first annual subscription upon election to the club and thereafter on the first day of January in each year; provided that a member elected after the first day of October 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 and the annual subscription in respect of the year following election. The entrance fee may be waived at the discretion of the Committee for Junior and Student members.

10. Every member shall furnish the Membership 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

11. 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.

12. An application for membership shall be in the form from time to time prescribed by the Committee, and shall include the name, address and occupation of the candidate, and the signatures of the Proposer and Seconder.

13. Upon receipt of an application for membership, the Membership Secretary shall cause the application form to be placed 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 Management Committee. The Membership 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 Byelaws of the club and make request for such payments as are necessary.

14. Upon notification of his 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.

15. 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 provided that notice in writing is given to the Membership Secretary before the last day of November in the previous year. A member wishing to be reinstated during the year in question shall pay such portion of the annual subscription as the Committee shall require.

16. A member desirous of retiring from membership shall give notice in writing to the Membership Secretary before the last day of November 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.

17. Any member whose annual subscription and other annual fees are more than two months in arrears shall be deemed to have resigned provided that the Committee may, at its discretion, reinstate such member upon payment of arrears. No member whose annual payments are in arrears may use the facilities of the club.

Conduct of Members

18. Every member, upon election and thereafter, is deemed to have notice of and impliedly undertakes to comply with the Club Rules and the current Byelaws 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 may 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.

19. Members shall enter the names of all guests in the Visitors Book. Not more than three guests may be introduced in any one day and the same guest may not be introduced more than three times in any calendar year.

20. 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.

21. 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.

22. All suggestions shall be entered in the Suggestion Book and signed by the Member.

23. Complaints of any nature relating to the management of the club premises shall be addressed in writing to the Honorary Secretary. Under no circumstances shall a servant of the club be personally reprimanded by a member.

24. A member of any club recognised by the Royal Yachting Association (a list whereof is published by the said Association) may be authorised to use the premises of the club by any member of the Committee of the club. Such authorisation shall specify between which dates (not being more than fourteen days apart) the said person may so use the premises

25. 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 premises within a period of 24 hours before and after the race in which they are competing.

26. 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 premises only under rules 24 and 25.

Limitation of Club Liability

27. Members, their guests, or 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 that 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.

Section 4- MANAGEMENT COMMITTEE

Constitution and Procedure

28. The Management Committee (herein referred to as "the Committee") shall consist of the Officers, ex officio, and not more than twelve Full, Honorary or Family Members of the club elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.

29. Candidates for election to the Committee (not being Officers of the Club) shall be those members of the retiring Committee who wish to offer themselves for re-election and such other Full, Honorary or Family Members whose nominations (duly proposed and seconded in writing by Full, Honorary or Family Members of the Club) with their consent shall have been received by the Honorary Secretary at least 35 days before the date of the Annual General Meeting in each year. Such nominations together with the names of the Proposer and Seconder shall be posted in the club premises at least fourteen days prior to the date of the Annual General Meeting.

30. If the number of candidates, duly proposed and seconded, shall exceed the number of vacancies to be filled, the election at the Annual General Meeting shall be by ballot.

31. If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two-thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.

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

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

34. A retiring Commodore shall serve as an ex officio member of the Committee in the year immediately following his retirement.

35. The Committee shall meet at least every two months, 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.

36. Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of an equality of votes the Commodore or Chairman (as the case may be) shall have a second and casting vote.

37. Five members personally present shall form a quorum at a meeting of the Committee.

Powers of the Committee

38. 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.

39. The Committee shall make such Byelaws 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 Byelaws and Regulations shall remain in force until approved or set aside by a vote at a General Meeting of the club.

40. 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 arid 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 shall be ex-officio members of all such sub-committees.

41. A member of the Committee, 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.

42. 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.

43. 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 arid 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 years' 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.

44. The Committee may nominate such Honorary Members as the Committee may think fit. The total of such Honorary Members shall not, however, at any time, exceed five per cent, of the total number of members. The election of Honorary Members shall be reported to the Annual General Meeting each year.

Purchase and Supply of Excisable Goods

45. The purchase for the club of excisable goods and the supply of the same upon club premises shall he exclusively and solely under the control of the Committee, or of a special sub-committee appointed by the Committee.

Intoxicating liquor may only be sold for consumption on the club premises in accordance with the terms of the licence for the time being and to persons over the age of eighteen who are entitled to the use of the club premises.

Section 5 - TRUSTEES

46. There shall be three Trustees of the club who shall be appointed from time to time as necessary by the Committee of the club from among Full, Family or Honorary 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.

47. All 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 front 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.

48. 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.

49. 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 of the Club.

Section 6- MEETINGS OF THE CLUB

50. An Annual General Meeting of the club shall be held each year in the month of November or December on a date to be fixed by the Committee. The Honorary Secretary shall, at least fourteen days before the date of such meeting or any General Meeting as hereinafter mentioned, post or deliver to each member notice thereof and of the business to be brought forward thereat.

51. No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees and Honorary Auditors 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 at least 35 days before the date of the Annual General Meeting.

52. The Committee may at any time, upon giving twenty one 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.

53. The Committee shall similarly call a General Meeting upon a written request addressed to the Honorary Secretary by at least 12 members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

54. At every meeting of the club the Commodore or, in his absence, a Chairman elected by those present shall preside.

55. Thirty members entitled to vote and personally present shall form a quorum at any meeting of the club.

56. Only Full, Family and Honorary Members shall vote at any meeting of the club. Other members may attend but are not entitled to vote.

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

58. 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.

59. On any resolution properly put to a meeting of the club relating to the creation, repeal or amendment of any Rule, Byelaw or Regulation of the club such Rule, Byelaw 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

60. If, upon the winding up or the dissolution of the club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the Trustees shall cause it to be held for, or distributed among, the members of the club in such manner as the members shall determine at a General Meeting.

61. If applicable, property of the club will be distributed in accordance with any stipulations made when accepting a grant or gift in respect of such property.

Section 8 - BYELAWS

I. The present rights and privileges of each category of membership shall be as follows:-

A FULL MEMBER shall have the full use of all the club facilities

A FAMILY MEMBER shall have the full use of all the club facilities subject only to Rule 45

A FAMILY FRIEND MEMBER shall enjoy the same rights as the associated FAMILY MEMBER

AN HONORARY MEMBER shall have the full use of all the club facilities.

A NON-SAILING MEMBER shall have the full use of the clubhouse facilities.

A SHORT TERM MEMBER shall have the full use of all the club facilities.

A member of another RYA recognised club or organisation may have the full use of the club facilities but-

(a) no right to enter club races or regattas unless specifically authorised by the Honorary Secretary or Committee;

(b) no right to introduce visitors to the club or the facilities thereof;

(c) no right to take any part in the management of the club;

(d) is deemed to have notice of and impliedly undertakes to comply with the club Rules, current Byelaws and Regulations as if he or she were a member of the club and so far as the said Rules, Byelaws and Regulations may be deemed to apply to such a member;

(e) shall be liable to expulsion from the club premises or prohibited to use club facilities if, in the opinion of the Honorary Secretary, he or she shall not have reasonably complied with the above conditions.

II. No dogs may be brought into club premises.

III. Children under fourteen years of age may only be admitted to any licensed part of the club premises for the service of food.

IV. Cars may only be parked in areas designated for such parking so as not to cause an obstruction to other cars or to the approaches to the club premises.

V. The club premises shall be open to members at such times as the Committee shall direct.

VI. Use of the club facilities by members shall also be governed by such Sailing Water Regulations as the Committee may from time to time prescribe. A copy of such regulations shall be displayed permanently in the clubhouse.

VII. Abandoned Boats and/or Trailers

If, at any time, any fees payable to the Club by any member or former member (whether by way of arrears of subscription or facilities fees, dinghy park fees or otherwise) shall be three month or more in arrears and/or a boat and/or trailer the property of a member or former member remains upon the Club premises one month or more after the club has given the member or former member notice to remove the vessel then the member or former member shall remove the boat and/or trailer from the Club immediately. If the member or former member fails to remove the boat and/or trailer then the Committee may:-

1. Move the boat and/or trailer to any part of the Club premises without being liable for any loss or damage to the vessel howsoever caused.

2. Give three months' notice in writing by registered post to the member or former member at his last known address as shown in the Club Register and thereafter sell the boat and/or trailer and 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.

3. Alternatively, if the boat and/or trailer is unsaleable, after giving notice in writing as aforesaid, dispose of the boat and/or trailer in any manner the Committee may think fit and deem the cost of doing and any arrears as aforesaid to be a debt owing to the Club by the member or former member.

4. The Club reserves the right to charge storage for the boat and/or trailer until such time as the owner collects the boat and/or trailer or until notice has been served under Rule (b) above.

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 boat and/or trailer is sold, if the Club is unable to account to the member or former member for the balance of the proceeds of sale pursuant to Rule (b) above then the balance of the proceeds of sale 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.

VIII. Lien. In addition to Rule VII the Club shall at all times have a lien over members' or former members' boats and/or trailers parked on the Club's premises in respect of all monies due to the Club, whether in respect of arrears of facilities fees or subscriptions or otherwise and shall be entitled to retain possession of the boat and/or trailer until such time as all monies due to the Club have been paid in full.

IX. Dinghy Park and trailer spaces will be allocated upon the conditions that members will clear them of weeds before 1st March in each year and that boats will be securely tied down.

X. Non sailing members will not be entitled to a space in the Dinghy Park.

XI. It shall be a condition of membership that all members over the age of 18 years (barring social members) shall make themselves available to carry out a Club duty at the water each year and 1 maintenance day. The Committee reserve the right to take punitive measures against those members not fulfilling their allocated (or previously arranged alternative) duty.

XII. Members who are parents or guardians of a person under 18 years of age are deemed to be responsible for the safety and actions of them whilst they are on club premises. No person under 18 years of age should ever be on the Club premises unaccompanied by a responsible adult without first obtaining approval of the Committee.

Last updated 09:20 on 25 August 2017

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