Rules and Constitution
Craven is a friendly, family Club and tries to keep its Rules relatively simple.
In everyday words they mean 'Take responsibility, enjoy the water and let others enjoy it too'.
Keep that in mind as you read the following!
The Constitution, although detailed, tries to set out clearly how the Club is organised and managed.
Rules of the Craven Sailing Club March 2006 Updated Dec '16
RULES OF THE CRAVEN SAILING CLUB
Welcome to Craven Sailing Club. The Committee hopes that you enjoy sailing at Embsay reservoir. These rules are designed to help you to get the most out of your sailing, while respecting others who use the reservoir and its surroundings.
Rules and regulations
Members are reminded that the Club is permitted to use Embsay Reservoir by courtesy of Yorkshire Water. Rules are made to comply with the conditions under which the Club enjoys the use of the Reservoir, and Members must respect the property of YORKSHIRE WATER, local landowners and tenants, and the rights and convenience of the Skipton Angling Association and its members. 25 yards clearance must be afforded to anglers at all times.
Craft must be insured against third-party risks in the minimum sum of £2,000,000. Craft must have adequate buoyancy as recommended by the class rules or construction plans. Personal buoyancy MUST BE worn at all times when on the water. Suitable footwear should be worn when sailing.
Rule 1 of the current International Sailing Federation Rules should be observed at all times: "Helping Those in Danger. A boat or competitor shall give all possible help to any person or vessel in danger." In other words, if you are on the water and see someone in distress you must try to help them.
Members and guests should be able to swim 50 yards in light clothing. Parents are reminded that, whilst children are always welcome, reservoirs are dangerous places and parents are at all times responsible for the safety and good behaviour of their children. Children and young people under 18 must be accompanied by a responsible adult. Children must not enter the galley area, and must not climb into or play in the loft area. An incident book is placed next to the first aid cabinet. Members should record accidents/incidents which result in injury or which were 'near misses'.
1. Members and guests MUST NOT
a) Fish, swim or throw stones or cause pollution of the Reservoir in any way.
b) Climb walls, or be on the Embankment (except in an emergency).
c) Light fires or leave any litter or other material.
d) Use any noisy instrument or loudspeaker (except for signalling the preparation, start or
completion of a race, or for water safety).
e) Use any motorised craft unless authorised by the Committee.
f) Pitch tents or caravans on the boat or car park.
g) Paint, or oil or grease boats or apparatus within the club compound.
h) Bring any vehicle into the Club compound.
i) Park on or obstruct the roadways adjacent to the Reservoir.
j) Permit any dog or animal to be WITHIN THE CLUB COMPOUND OR THE CLUB
2. Members should try to prevent trespass and should inform the Secretary or any committee member of any unauthorised person sailing or attempting to sail on Embsay Reservoir.
3. Boats and boat spaces.
a) Boats and gear must be parked and stored only on the sites allocated to Members. Members are responsible for keeping their site tidy. Members are responsible for cutting the grass around their boats - shears are provided. Boats must be tied down securely, using only pegs approved by the Committee. Potential hazards (eg lowered/overhanging mast) must be clearly marked.
b) Boat spaces shall be allocated by the site officer prior to the commencement of the season and shown on a list displayed in the clubhouse. Any spaces which are 1) consistently under-used or 2) occupied by any craft the committee deems to be in a consistently unsafe or unsailable condition, may be reallocated to a member who has no boat space. A member thus affected shall be contacted prior to such reallocation and shall be given the opportunity to address a committee meeting by letter.
4. Any member sailing or proposing to sail must identify himself and his craft, if so requested by a representative of the Water Authority or Club Committee.
5. No craft other than those racing in the event shall be permitted on the water for the duration of any club racing event.
6. Any person taking part in a race is bound by the racing rules and current racing instructions.
7. Your decision to go on the water and the role of the patrol boat:
The responsibility for deciding whether to participate in water borne activity on the reservoir (whether using a sailing dinghy, canoe, kayak, windsurfer or other craft) is that of the individual alone. This applies all year, whether there is organised racing or not. When a patrol boat is on duty on the water it is there to help in the general organisation of activities. It should not be relied upon for rescue purposes. The patrol boat crew are generally untrained in rescuing boats and untrained in first aid.
Between the months of October and April inclusive, all craft users must wear either a wet suit or a dry suit.
8. DAY GUESTS are allowed to use the facilities of the club but must be accompanied by a FULL or ADULT FAMILY MEMBER, subject to the current daily fees for the following categories:
a) When using a member’s craft;
b) When using own craft (maximum six days).
Conduct and payment are the responsibility of the sponsor. (In the event of a guest being later admitted to membership, daily fees already paid on his or her behalf will be offset against the subscription due for that year).
9. The Committee shall have the discretion to waive wholly or in part the daily fee for bona fide GUESTS OF GROUP MEMBERS.
10. Members are not permitted to use the facilities of the club until the subscription due for the current year has been paid.
11. The Committee may at its discretion suspend or expel from the privileges of membership:
a) Any member in breach of these Rules and regulations.
b) Any member whose conduct, on or off the water, has in the opinion of the committee brought discredit upon the club or has not been in the best interests of the membership of the club.
c) Any member whose subscription has not been paid by the 1st March (from 2017) in any year.
12. If at any time membership and/or dinghy park fees payable to the club by any member or former member shall be three months or more in arrears:
a) The committee shall be entitled to move any boat belonging to the member in question to any other part of the club compound without being liable for any loss or damage to the boat however caused.
b) The committee shall be entitled upon giving three month’s notice in writing to the member or former member, at his/her last known address shown in the club handbook, to sell the boat and to deduct any monies due to the club (whether by way of arrears of membership fees, dinghy park fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member.
c) Alternatively, any boat which in the opinion of the committee cannot be sold may,upon such notice as aforesaid, be disposed of in any manner the committee may think fit and the expenses recovered from the member or former member. Any arrears as aforesaid shall be deemed to be a debt owing to the club by the member or former
d) Further, the club shall have, at all times, 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 subscriptions, dinghy park fees or otherwise.
13. The Committee may amend or add to these Rules and regulations.
14. DISCLAIMER DISCLAIMER OF LIABILITY
a) Craven Sailing Club shall not be responsible for any loss, damage, death or personal injury howsoever caused to members as a result of their using the Sailing Club, on or off the water. Moreover, every Club member warrants the suitability of their craft for the racing or recreational activity they use it for. The club accepts no liability whatsoever for loss or damage to members’ craft, gear or property left on the premises.
b) The safety of a craft and her entire management, including insurance, shall be the sole responsibility of the Club member, who shall ensure that their craft is fully sound, thoroughly seaworthy and manned by a crew sufficient in number and experience and who are physically fit to face the prevailing weather. The member shall be satisfied as to the soundness of the hull, spars, rigging, sails and all gear as appropriate. They shall ensure that all safety equipment is properly maintained, stowed and in date and that all crew know where it is kept and how it is to be used.
c) The Club’s Sailing Instructions and related guidance to Race Officers and Patrol Boat crew in no way limits or reduces the absolute responsibility of the Club member for their crew, the craft and the management thereof. The crews are nonetheless advised to satisfy themselves as to the experience of the skipper and the adequacy of all safety equipment and insurance arrangements.
Constitution of Craven Sailing Club
3. Terms & definitions
4. Membership and voting rights
6. Powers of the Committee
7. Conduct of meetings of the Club
10. President and Flag officers
11. Race Committee
12. Dissolution of the Club
1.1 The full title of the Club shall be “Craven Sailing Club” (referred to in this Constitution as “the Club”).
2.1 To provide facilities for, and promote community participation in, the amateur sport of sailing on Embsay Reservoir .
2.2 To provide and maintain a club house for use of the members of the Club.
2.3 To be a 'not for profit' organisation.
3. TERMS AND DEFINITIONS
3.1 The term “sailing” in the title shall mean the using of any sailing craft considered suitable by the Committee.
3.2 “The Committee” shall mean the main committee of the Club consisting of duly elected and appointed Committee members.
3.3 “The Club Rules” shall mean the regulations governing the conduct of all members of the Club.
3.4 The term “Youth Group” shall mean an officially established youth group or school having members between the ages of 11 and 20 desirous of having sailing instructions as part of their curriculum.
4. MEMBERSHIP AND VOTING RIGHTS
4.1The following classes of membership shall be recognised:
a) Group membership
b) Individual membership
c) Family membership
d) Student membership
e) Life membership
4.2 Group membership shall, upon payment of the prescribed annual subscription of the Club, be open to any Youth Group having a sailing craft suitable for use on Embsay Reservoir and approved by the Committee.
4.3 Individual membership shall, upon payment of the prescribed annual subscription of the Club, be open to any individual wanting to use Embsay reservoir in a manner approved by the Committee.
4.4 Family membership shall, upon payment of the prescribed annual subscription of the Club, be open to families and comprising father, mother and/or partner as appropriate and children who are in compulsory education or training.
4.5 Student membership shall, upon payment of the prescribed annual subscription of the Club, be open to any individual under the age of 24 years and in full time education and wanting to use Embsay reservoir in a manner approved by the Committee.
4.6 Members shall be bound by the Club Rules.
4.7 Each Group member shall be entitled to two votes, each Individual member to one vote, each Family member to one vote and each Student member to one vote at a General Meeting of the Club. Lifemembers shall be entitled to attend and speak at any General Meeting, but not to vote and shall not be required to pay any prescribed annual subscription (but shall pay any boat space fee levied by the Club from time to time).
4.8 Subject always to 4.7 above, any person already a member of classes (a) to (e) shall, upon payment of the prescribed annual subscription be allowed to use a canoe or windsurfer on Embsay Reservoir at no additional cost.
4.9 Membership of the Club shall be open to anyone interested in sailing on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis. The Club has different classes of membership and subscription, on a non-discriminatory and fair basis, as set out above.
4.10 The Committee may refuse membership, or may remove it, only for good cause such as conduct or character likely to bring the Club or sport of sailing into disrepute. An appeal against refusal or removal may be made to the members in General Meeting.
4.11 Membership of the Club and acceptance of this Constitution and the Club Rules by a member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Acts. The members acknowledge that this Constitution and the Club Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
4.12 If, at any time, any prescribed annual subscriptions or fees payable to the Club by any member shall be two months or more in arrears and a boat and/or trailer the property of a member or former member remains upon the Club premises 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:
(a) Move the boat and/or trailer to any part of the Club premises without being liable for any loss or damage to the boat and/or trailer howsoever caused.
(b) Give three months’ notice in writing by registered post to the member or former member at his or her last known address 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.
(c) Alternatively, if the boat and/or trailer is unsaleable, after giving notice in writing as above to the member or former member, dispose of the boat and/or trailer in any manner the Committee may think fit and deem the cost of doing so and any arrears of subscriptions or fees to be a debt owing to the Club by the member or former member.
(d) 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 on the member or former member under 4.12 (b) above.
PROVIDED ALWAYS THAT proper evidence is available to show that 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 4.12 (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..
In addition to the above, 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 annual subscriptions or other fees 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.
4.13 Members and their guests are bound by the following rule which shall also be exhibited in a prominent place within the Club premises:
(a) Members of the Club and their guests use the Club premises, club boats and any other facilities of the Club, entirely at their own risk.
(b) The Club will not accept any liability for any damage to or loss of property belonging to members and their guests.
(c) The Club will not accept any liability for personal injury arising out of the use of the Club premises or any other facilities of the Club either sustained by members or their guests, or caused by the said members or their guests, 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 of the Club, Committee or servants of the Club.
5.1 The affairs of the Club shall be managed by the Committee which shall be the only body within the Club with the power to negotiate with the Yorkshire Water Authority.
5.2 The Committee shall consist of:
a) The following officers of the Club who shall be elected at the Annual General Meeting (AGM):
i. Commodore ii. Secretary iii. Treasurer
Nominations for the above officers shall be proposed and seconded by Group, Individual, Family or Student members and shall be submitted to the Club Secretary at least 7 days before the date of the AGM. In the absence of written proposals, nominations may be made at the AGM.
b) The Commodore shall not normally remain in post for more than three consecutive years.
c) A further seven Committee members who shall be elected at the AGM of whom not more than three be adult representatives of Group members and four other members being either Individual, Family or Student members. The number of representatives of Group members on the Committee shall be equal to the number of Group members of the Club but shall not exceed three in number. Any Group which fails to nominate an adult representative for election to the Committee may be denied the facilities of the Club. The Committee shall have the power to co-opt any person to assist, whether a full member or not, but such a person shall have no vote on the Committee. In the absence of nominations from Group members, other members being either Individual, Family or Student member may be elected in their place.
5.3 The Committee need not fill a casual vacancy arising in the Committee unless the total number of Committee members drops below 5. Committee members appointed to fill vacancies shall remain in office until the expiry of the term of office of the person whose position they have filled.
5.4 The Commodore shall act as the Chairman of the Club for the following year.
5.5 The Secretary shall keep correct minutes and records of all Committee and General meetings and shall be responsible for communicating the decisions of the Committee to members of the Club and the Yorkshire Water Authority.
5.6 The Treasurer shall have charge of the funds of the club; make such disbursements as the Committee shall direct; keep an accurate record of the affairs of the Club and present an annual financial statement at each AGM.
5.7 Immediately after the AGM the Committee shall:
a) decide the time and place for the next Committee meeting and cause the Secretary to ensure that notice of the Meeting be sent to all members of the Committee; and
b) appoint an independent auditor who shall certify the Annual Financial Statement.
5.8 The Committee shall have the power to make recommendations to the members in General Meeting, for alterations in, or additions to the Club Rules and this Constitution.
5.9 Subject always to 4.10 above, the Committee shall have the power to suspend any member breaking the Club Rules until such time as a disciplinary committee shall make its recommendations to the Club.
5.10 At least two weeks’ notice of date, time, place and agenda for any Committee meeting must be given in writing by the Secretary to each Committee member.
5.11 All the property of the Club, including land, investments, club boats and cash at bank, shall be vested in up to four trustees who shall be appointed by the Committee and the property of the Club shall be vested in them to be dealt with by them as the Committee may from time to time direct by resolution (of which an entry in the Minute Book shall be conclusive evidence). The trustees shall be indemnified by the members of the Club out of the property and assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in 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.The trustees shall hold office until death or resignation or until removal from office by the Committee. Where by reason of such death, resignation or removal, it is necessary that a new trustee or trustees be appointed, the Committee shall nominate the person or persons to be appointed as the new trustee or trustees. For the purpose of giving effect to such nomination the Commodore 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.
5.12 If at any time the Club in General Meeting shall pass a resolution authorising the Committee to borrow money the Committee shall thereupon be empowered to borrow for the purposes of the Club such amount of money either at one time or from time to time and at such rate of interest and in such form and manner and upon such security as shall be specified in such resolution and thereupon the Trustees shall at the direction of the Committee make all such dispositions of the Club property or any part thereof and enter into such agreements in relation thereto as the Committee may deem proper for giving security for loans and interest. All members of the Club whether voting on such resolution or not and all persons becoming members of the Club after the passing of such a resolution shall be deemed to have assented to the same as if they had voted in favour of such resolution.
6 POWERS OF THE COMMITTEE
6.1 The Committee shall be empowered to perform all functions of management and administration. All payments from Club funds must be by cheque signed by two of three previously authorised officers of the Club. The Committee shall be responsible on behalf of the Club to insure against the Club’s liability to the Yorkshire Water Authority and to maintain such other insurance policy or policies as may be required from time to time to protect the interests of the Club, its officers and members.
6.2 At Meetings of the Committee, five of the elected members present shall form a quorum.
6.3 In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club. The limit of any individual member’s indemnity in this respect shall be equal to one year’s prescribed annual subscription at the then current rate of that class of membership unless the Committee has been authorised to exceed such limit by a General Meeting.
6.4 The Committee shall endeavour to ensure that the following clause is incorporated in every contract , lease, licence or other agreement entered into by the Committee and/or Trustees of the Club, as appropriate:
“The liability of the [Committee/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.”
6.5 The Committee may nominate for election at an AGM such Life members as the Committee may think fit. The election of Life members shall be put to the vote at the AGM each year and such Life members shall be duly elected if two thirds of those members present, and entitled to vote, vote in favour of election.
7 CONDUCT OF MEETINGS OF THE CLUB
7.1 The AGM shall be held each year before the end of the membership year, the place, date and time being at the discretion of the Committee.
7.2 A Special General Meeting shall be called by the Commodore or Secretary upon receipt by the Club Secretary of a request in writing signed by not fewer than 50% of the members – being Group, Individual, Family or Student members, or upon request by the committee.
7.3 At least two weeks written notice (including agenda) shall be given to members of any General Meeting.
7.4 At any General or Committee Meeting decisions shall be carried by a majority vote. At any meeting the Commodore shall have a casting vote.
7.5 At any General Meeting at least 3 Group, Individual, Family and Student members present shall form a quorum.
7.6 At any General Meeting of the Club any resolution to modify or amend this Constitution or the Club Rules shall require a two thirds majority of those members present and entitled to vote.
7.7 Any motion put to a General Meeting of the Club shall be proposed and seconded by Group, Individual, Family or Student members and shall be submitted in writing to the Club Secretary at least seven days before the date of such meeting.
8.1 Subscriptions payable for all classes of membership of the Club and boat space fees, shall be payable annually and, together with the joining fee, shall be decided at the AGM and shall become due before the first day of March. If subscriptions have not been paid by first of March membership shall be deemed to have lapsed subject to review by the Committee. Should the Club cease to exist, any outstanding liabilities shall be met by the members on a rateable basis.
8.2 Any potential member shall be sent a copy of the Club Rules, an application form that requests payment of the joining fee and the first subscription and shall be informed that a copy of this Constitution can be viewed on request, on the Club’s website and at the Club’s premises. No person shall enjoy any of the benefits and privileges of the Club until such payments have been received by the Club.
8.3 Every member on joining the Club impliedly undertakes to comply with this Constitution and the Club Rules.
8.4 Any member may, after payment of the relevant boat space fee, store a dinghy on site in a space identified by the club. Only one dinghy may be stored in any boat space. Members may store additional dinghies in additional boat spaces after payment of a boat space fee for each dinghy; the maximum number of dinghies allowed per member is three, unless specifically agreed by the club.
8.5 Storage anywhere on site of any canoe, windsurfer, parts of a sailing craft or any other equipment is only allowed in agreement by the Club.
9.1 The Committee shall cause true accounts to be kept giving full particulars of:
a) All moneys, assets and liabilities of the Club
b) All moneys received and expended by the Club and the reason for such receipts and expenditure.
c) All sales and purchases by the club.
9.2 The Committee shall cause the Annual Financial Statement to be prepared and presented at the AGM of the Club.
10 PRESIDENT AND FLAG OFFICER
10.1 The Club may, at each AGM, elect a President and Flag Officer of the rank of Commodore, the latter being considered a full member of any Club Committee.
11 RACE COMMITTEE
11.1 At each AGM members present shall elect a Race Committee consisting of at least five members, to be responsible for all matters arising from and dealing with racing at Craven Sailing Club.
11.2 All decisions taken by the Race Committee must be ratified at a meeting of the Main Committee.
12.1 If upon the winding up or dissolution of the Club, there remains, after the satisfaction of all debts and liabilities, any assets or property whatsoever, the same shall not be paid or distributed amongst the members of the Club but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Club, such institution or institutions to be determined by members of the Club by resolution passed at or before the time of the dissolution and if and in so far as effect cannot be given to such provision then to The Royal Yachting Association to be applied for exclusively charitable purposes within the same or similar objects to those of the Club.
[Constitution adopted at CSC EGM on 27 March 2014 amended at the 2016 AGM, second amendment at EGM Oct 2017 (Rule 7.1) ]