CLUB RULES

A copy of the rules can be downloaded as a PDF file from the site Library.

1. NAME
The club shall be called Nairn Sailing Club.
2. OBJECT
The object of the club shall be to encourage, advise and promote sailing and boating from Nairn and community participation in the same.
The Club will promote the above objectives and operate itself, in a safe and environmentally friendly manner.
3. PROPERTY & FUNDS
a) The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are reinvested in the Club.
b) The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, post event refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
c) The Club may also in connection with the sports purposes of the Club:
(i) sell and supply food, drink and related sports clothing and equipment;
(ii) employ members (though not for playing) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;
(iii) pay for reasonable hospitality for visiting teams and guests;
(iv) indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).
d) The Committee will have due regard to the law on disability discrimination and child protection.
4. MEMBERSHIP
Membership of the club shall be open to anyone interested in the sport 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 will keep subscriptions at levels that will not pose a significant obstacle to people participating.
a) Ordinary Members who shall be entitled to all the privileges and amenities of the club and shall be eligible to hold office in the club and have the right to vote on all club matters. They shall be entitled to fly the Club Burgee. Only Ordinary Members shall be entitled to propose or second candidates for membership.
b) Junior Members (12–17 years of age inclusive). As ordinary members but they shall not be entitled to vote or hold office.
c) Intermediate Members (18–22 years of age inclusive). As ordinary members but they shall not be entitled to vote or hold office.
d) Out of Port Members: Members living outside a 50-mile radius of Nairn or on the North side of the Moray Firth and not sailing from Nairn. As ordinary Members, but they shall not be entitled to hold Office or vote.
e) Temporary Members: (1 calendar month): As ordinary members but they shall not be entitled to hold office or vote.
f) Honorary Members may be proposed by the Committee for election at an annual general meeting in recognition of their services to the Club and/or Sailing. They shall be entitled to all the privileges of Ordinary members.
5. ELECTION OF ORDINARY MEMBERS
No Member shall propose or second any application until that member has been him/herself elected to membership for a period of not less than six months.
No person shall be nominated for membership until he or she has been a guest of a full member at the clubhouse on not less than two occasions within a period of two months.
No application for Membership shall be considered unless the form of Application has either been proposed or seconded by either an office bearer or member of Committee.
The proposed Membership application will be discussed at the next
committee meeting and a simple majority vote will be held.
The management committee may only refuse membership for
good cause such as conduct or character likely to bring the club or the sport into disrepute. Appeal against refusal shall be broadly in line with Rule 14 herein.
Upon election to Membership the member shall be notified by the Honorary Secretary and furnished with a copy of the rules of the Club. Entry and Subscription Fees shall be payable immediately upon such notification and, in any case, before the expiry of one calendar month after election, failing which, such election shall be considered null and void.
The committee shall have the power to amend or make additions to the Membership Rules as circumstances require. Such proposed amendments shall be displayed on Notice board and if any objection or objections are raised these proposals shall be submitted to a General Meeting.
6. ELECTION OF OTHER MEMBERS
Candidates for Junior, Intermediate, Temporary and Out-of Port membership shall apply to the Honorary Secretary who shall have the powers to elect subject to final ratification by the committee.
7. ANNUAL SUBSCRIPTION FEES
Entry and subscription Fees will be fixed at a General Meeting of the Club. Members who do not notify their resignation and who, after due notice from the Hon Secretary, still fail to pay their subscription, shall have their names erased from the list of members, unless they satisfy the Committee that they have sufficient excuse for failure to pay, of which the Committee shall be the sole and final judge.
Annual Subscription shall become due on 1st January and shall be paid to the Treasurer.
Annual Membership fees paid by Members are to be paid by the end of February or Membership deemed to have lapsed.
No member shall be allowed to use the Club premises or participate in Club activities while his or her Subscription is unpaid.
8. FLAG OFFICERS
The Flag officers of the club shall consist of Commodore, Vice Commodore and Rear Commodore. The Commodore shall
be elected for one year, and may be re-elected for a maximum of one further year. The Vice Commodore and Rear Commodore shall be elected for two-year terms and may be re-elected.
The Flag Officers shall be ex-officio members of all Committees. Members taking part in sailing activities or when using the Club Premises shall promptly attend to the instructions of the Flag officers.
9. HON SECRETARY and HON TREASURER
The Hon Secretary and Hon Treasurer, who may be one and the same person, shall be elected at and Annual General Meeting and shall hold office for three years. They shall be eligible for re-election.
10. COMMITTEE
Attendance at meetings: The failure of a committee member to attend three consecutive Committee Meetings without reasonable explanation will be requested to stand down from said Committee.
The affairs of the Club shall be managed by a Committee consisting of the Flag Officers, the Hon Secretary, The Hon Treasurer and seven Ordinary members, one being a lady, representing the lady members of the Club.
The ordinary members shall be elected for a term not exceeding three years and shall be eligible for re-election. The committee shall
have the power to co-opt new members only in the event of any such vacancies occurring between elections.
Any such appointments shall come up for ratification at the next AGM.
A member elected or co-opted to fill a vacancy shall serve for the remainder of the original appointment. The Chair shall be taken at all meetings by one of the commodores, whom failing, the members present shall elect a Chairman. Five members of the Committee shall constitute a Quorum.
The Committee shall have the power to frame or alter rules, such rules to be ratified at the next AGM. The Committee shall normally meet on the first Tuesday of each month.
11. ANNUAL GENERAL MEETING
The Annual general Meeting shall be held in November, on such a day as the Committee may appoint, at least fourteen days written notice being given to members. The quorate number for an AGM will be 24% of those attending.
12. ACCOUNTS
The Club’s Financial Year shall be from 1st September to the last day of August and the Account shall be submitted to the Annual General Meeting.
13. EXTRAORDINARY GENERAL MEETING
An extraordinary General Meeting shall be called at any time by the Committee, or at the written request of six Ordinary Members, such requests to contain terms of any motion or motions to be submitted to the Meeting.
Notice of such Meeting to be placed on the notice board at least fourteen days before the date of the Meeting.
Twelve Members shall be the required quorum at a Special General Meeting, and no resolution shall be carried unless supported by a minimum of two thirds of the Members present and voting.
14. SUSPENSION AND EXPULSION
In the event of a grave breach of the Rules by a Member, of Regulations and Bye laws of the club. Or of conduct on the part of a Member on the Club premises or elsewhere, being in the opinion of the club injurious to the character or interests of the Club.
The Committee after giving such Members reasonable opportunity of stating his or her defence, shall have the power to suspend or expel the said member.
Should the offence be of such gravity as to warrant, in the opinion of at least two thirds of the Committee expulsion from the Club, the member shall be given the option of resigning immediately or having his or her case considered at an Extraordinary Meeting in accordance with the provision of rule 14. It shall be in the powers of the Committee to suspend such a member from the Clubhouse, until General meeting shall be held. The time to elapse between suspension and the
Special General Meeting shall, under any circumstances not exceed six weeks.
The Notice of the meeting shall set forth the terms of the resolution to be proposed, vis: -
That the name of the Member shall be removed from the list of the club for the reasons to be stated by the club committee at the said Meeting. The member whose expulsion is under consideration shall have
the right to state his or her defence to the Special General Meeting verbally or in writing.
The voting shall be by ballot and if two thirds of the members voting at the Meeting shall vote for the expulsion such Member shall cease to be a Member of the club.
15. INTERPRETATION OF RULES
The Committee shall be the sole authority for the interpretation of these Rules and any Bye Laws made thereunder.
The Decision of the Committee on any question of interpretation or any matter affecting the Club and not provided for by these rules or the Bye Laws shall be final and binding on the Members.
16. LICENCING
No Member of the Committee or governing body and no Manager or servant employed in the Club shall have any personal interest in the sale of excisable liquor therein or in the profits arising from such sale. A visitor to the Club shall not be supplied with excisable liquor in the company of a member, and that Member, shall upon the admission of such visitor to the Club premises or immediately upon his being supplied with such Liquor, enter his own name and the name and address of the visitor in a book which shall be kept for the purpose and which shall show the date of each visit.
The same person cannot be signed in as a guest more than six times in any one year.
No excisable liquor shall be sold or supplied in the
Club premises for consumption by him or to a person holding a certificate or wholesalers excise licence for the sale of such liquor.
No Alcoholic liquor shall be sold or supplied in the club to any person under 18 yr. of age.
Under the Provisions of the Law
Reform (Miscellaneous Provisions (Scotland) Act, 1990 The permitted hours for Licensed Premises, Licensed Canteens and Registered Clubs are altered to:
Mondays – Saturdays: 11.00am – 11.00 p.m.
Sundays: 12.30 p.m. – 2.30 p.m., 6.30 p.m. – 11.00pm
17. INSURANCE FOR CLUB EVENTS
Third Party minimum insurance of £2,000,000 is required for vessels to participate in club activities.
18. PAYMENT OF FEES DUE ON BOATS AND EQUIPMENT
If at any time any fees payable to the club by any member shall be three months or more in arrears:
a) The Committee shall be entitled to move the boat or equipment to any other part of the premises without being liable for any loss or damage to the boat howsoever caused.
b) The committee shall be entitled upon giving one month’s notice in writing to the member or former member, at his last known address shown in the register of members, to sell the boat or equipment and to deduct any monies due to the club (whether by way or arrears of subscriptions or mooring, yard 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 any expenses recovered from the member or former member.
Further the Club shall, at all times, have a lien over members’ or former members ‘ boats or equipment parked or moored on the club premises or club moorings in respect of all monies due to the club, whether in respect of arrears, mooring, yard fees or subscriptions or otherwise.
19. SAFETY AND ENVIRONMENT
Members or other persons Boats or Equipment left on Club premises or involved in club activities shall comply with Club safety and environmental standards and shall be subject to any charges or controls set out by the Management Committee.
Change of ownership of equipment on club premises shall be advised as soon as possible to the Management Committee.
20. INCOME
All income from wheresoever derived shall be applied solely for the purpose of the Club as set forth in this Constitution provided that nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any Member of the Club for out-of-pocket expenses. Thereafter, all profits and surpluses will be used to improve the Club’s facilities.
21. DISSOLUTION
The Club, may at any time be dissolved by a resolution passed by a Three-Fourths majority of those present and voting at an Extra-ordinary General Meeting called for this specific purpose and of which at least Twenty-one days notice shall have been sent to ALL Members of the Club.
Such resolution shall require to direct that all assets held by or in the name of the Club shall be applied: -
Firstly To settle all debts and liabilities of the Club and Secondly After setting all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
(i) to another Club with similar sports purposes which is a registered charity and/or
(ii) to another Club with similar sports purposes which is a registered CASC and/or
(iii) to the Club’s governing body for use by them for related community sports.
Thirdly No assets shall be paid to or distributed between members.
22. PRIORITY
Where there is any conflict between any of the above Rules interpretation of all the Rules must be consistent with the
statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002).
Constitution March 2004