FORTH CRUISING CLUB
CONSTITUTION
The Constitution sits alongside the Club Rules
1 The Club
2 Objectives of the Club
3 Powers
4 Membership
5 Subscriptions
6 Management Committee
7 Meetings
8 Limitation of Liability
9 Finance
10 Dissolution
11 Revision History
1 THE CLUB
1.1 The Club shall be known as the ‘Forth Cruising Club’ (hereafter known as the ‘Club’) and shall have its headquarters at Capernaum House, 40 Brucehaven Road, Limekilns, Fife KY11 3JR.
1.2 The Club is a Community Amateur Sports Club. (Registration No CASC 01828.)
1.3 The Club burgee and official colours shall be blue and yellow.
2 OBJECTIVES OF THE CLUB
2.1 To promote and facilitate Community participation in the sport of sailing and boating.
2.2 To provide a Clubhouse, moorings and facilities for the benefit of members, their guests or visitors.
2.3 To form a social centre and organise functions for those interested in the sport.
3 POWERS
3.1 The Club and its members will operate within the boundaries of this Constitution, supporting Club Rules and objectives, all of which may be Amended at a General or Extraordinary General Meeting. The Club will also operate within its Data Privacy Policy as set out in Annex A.
3.2 Payment of the annual Membership subscription will signify their acceptance of the Constitution, Club Rules and shared liabilities. Payment will also constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.
3.3 The Club will have the power to expel any member, by ballot, at a General or Extraordinary General meeting. The motion to expel will be moved by the chairperson and will not require to be seconded. A member expelled will forfeit all rights and claims upon the Club, its properties and funds and immediately return to the Rear Commodores any Club property in his\her possession.
3.4 The Club has the power to deal with the property of members who do not adhere to the Club Rules.
3.5 Any member or ex member’s property that is considered to be derelict/deserted/abandoned should be notified to the committee to consider disposal in accordance with the appropriate Club Rules.
3.6 The Club will insure its own property against loss, damage, and theft and insure against public liability.
3.7 All boats operating from the Club will require to be indemnified for Third Party liability.
3.8 The Club may liaise with other organisations with a common interest.
3.9 The Club may set up specific events to raise funds other than from membership fees.
3.10 The Club may operate a Bar in accordance with the Licensing Scotland Act 2005 (as amended) and the Club Premises Licence and additionally as stated specifically in the Club Rules.
3.11 The Club’s moorings configuration and Members’ mooring responsibilities will be decided at a General Meeting. See Club Rules Section 11.
3.12 The Committee, or any person or sub-committee wishing to enter into a contract on behalf of the Club, may only do so on the specific resolution of either the Committee or at a General Meeting. (See also Section 7 on Meetings and 9 on Finance.)
3.13 The Club may utilise the professional services of its members provided any such costs are authorised by the Committee and are deemed to be reasonable.
3.14 All complaints should be made to any Committee member and will be dealt with in accordance with Club Rules.
4 MEMBERSHIP
4.1 Membership of the Club shall be open to anyone interested in the sport of sailing and boating on application regardless of sex, age, disability, ethnicity, nationality, religion or other beliefs. Membership may however be limited according to available facilities on a non-discriminatory basis. The Club Committee may at its absolute discretion refuse membership, but only for good cause having due regard to the foregoing.
4.2 The Club shall consist of the following Membership categories and subcategories:
| A | Single/Family |
| B | Junior |
| C | Community |
| D | Honorary |
4.3 For a boat owner, the following subcategories are additional to any of the above:
| 1 | All boats (including sailing dinghies requiring a mooring) |
| 2 | Sailing dinghies (without mooring) |
4.4 Subcategories 1 or 2 are for Members who wish to keep boat(s), trailers or other equipment on Club premises. It also includes the use of all facilities (ie workshop/store, water, electricity), storage on Club hard standing and the participation in Club sponsored events, ie racing etc.
4.5 Subcategory 1 has an additional entitlement to apply for a Club mooring and access to a crane hired for crane-in and crane-out on payment of a separate fee. There are no Club moorings for fixed fin keel boats.
4.6 Application for membership will initially be via the Treasurer. The application, including category of membership, will be considered by the Committee and the outcome recorded in the Minutes. Applicants will thereafter be informed of the Committee’s decision and successful applicants admitted as members of the Club on payment of the specified fees.
4.7 SINGLE/FAMILY MEMBERSHIP (A) applies to those aged 18 or over. Family membership includes husband/wife/partner and all children up to their 18th birthday, or 24th if in full time education or training and whose main residence is with their parents. Each Single/Family Member aged 18 or over will have full voting rights at all General Meetings of the Club.
4.8 JUNIOR MEMBERSHIP (B) applies to persons aged 12 -17 years. Although welcome to attend at all open meetings, junior members will have no voting rights.
4.9 COMMUNITY MEMBERSHIP (C) applies to groups or Associations with an interest in boating. Community membership will carry no voting rights.
4.10 HONORARY MEMBERSHIP (D) is conferred by the Committee on members who have rendered exceptional service to the Club. These members may attend all meetings and functions of the Club and enjoy the same rights as Single/Family members (Category A). For boat owning Honorary Members subcategories 1 and 2 will apply.
4.11 Members may transfer from one category of membership to another subject to the approval by the Committee and payment of any specified fees. Any refund of fees is at the discretion of the Committee.
4.12 A member may resign at any time on giving a fortnight’s notice to the Secretary and provided that the current subscription and all other dues are paid, the Club will accept such resignations. Otherwise the Club member remains liable for his\her share of any liabilities incurred by the Club. Any refund of fees is at the discretion of the Committee. A resignation having been accepted, the resigning member will immediately return to the Rear Commodores any Club property in his\her possession and will forfeit all rights and claims on the Club, its properties and funds.
4.13 On resigning from the Club, a member must arrange the removal of all personal property from Club premises.
5 SUBSCRIPTIONS
5.1 All dues, charges and subscriptions are payable in advance and subscriptions must be paid by 1st September each year. The amount of subscriptions will reflect inflation in accordance with the Office for National Statistics’ June statement of the UK Consumer Price Index prior to 1st September of that year. Any additional increase above inflation, by recommendation of the Treasurer, will be fixed by resolution at an Annual /Extraordinary General Meeting. The Committee has the discretionary power to reduce any individual subscription, taking into account individual circumstances.
5.2 The Club financial year shall run from 1st September to the following 31st August. Any members in arrears after the 1st September will be deemed to have resigned. Re-application may be required to reinstate membership including payment of the associated joining fee equal to 50% of the full annual fee.
6 MANAGEMENT COMMITTEE
6.1 The Club will be governed by the Club Committee, which, with the exception of the President, will be elected at the Annual General Meeting from within the current membership who have voting rights.
6.2 There is no limit to the number of times a member may be re-elected to serve on the Committee.
6.3 A member may be invited to resign from the Committee by a majority vote of the whole Committee.
6.4 A member may be removed from the Committee at an Extraordinary General Meeting.
6.5 The Club Committee will comprise the President; the Commodore; Vice-Commodore; 3 Rear Commodores; Secretary; Treasurer; Cruising Convenor; and Social Convenor.
6.6 The Committee members’ management responsibilities are set out below. Full duties are set out in the Club Rules.
6.6.1 PRESIDENT – The office of President shall be regarded as a distinction conferred on a member by the Committee who is still actively interested in the Club and who has previously given exceptional service to the Club. The President will promote the image of the sport in general and the Club in particular and preside over the Annual General Meeting during the election of the Club Committee.
6.6.2 COMMODORE – The Commodore will act as chairman at all Club Meetings and Club Committee meetings and will have the casting vote at these meetings. The Commodore will be responsible for the application of the general policy and activities of the Club and will supervise the functioning of all other office bearers and Committees.
6.6.3 VICE COMMODORE – The Vice Commodore will be responsible for all matters associated with racing. The Vice Commodore will deputise for the Commodore at meetings, Club events etc, as required.
6.6.4 REAR COMMODORE (CLUBHOUSE) – The RC (Clubhouse) will be responsible for all matters associated with the Clubhouse.
6.6.5 REAR COMMODORE (PIERS AND MOORINGS) – The RC (Piers and Moorings) will be responsible for all matters associated with the Club’s piers, moorings, site (excluding the Clubhouse) and Starters Box. This also includes managing the Club’s Crane in/out.
6.6.6 REAR COMMODORE (CLUB BOATS) – The RC (Club Boats) will beresponsible for all matters associated with the Club boat(s).
6.6.7 SECRETARY – The secretary will be responsible for all administrative functions associated with the running of the Club.
6.6.8 TREASURER – The Treasurer will be responsible for all financial affairs of the Club. The Treasurer will prepare an annual cash account for submission to the Annual General Meeting and will advise the members at that meeting of the financial status and commitments of the Club, making recommendations as appropriate.
6.6.9 CRUISING CONVENOR – The Cruising Convenor will be responsible for promoting an interest in cruising among Club members and will prepare and manage the annual Club cruising Programme.
6.6.10 SOCIAL CONVENOR – The Social Convenor will be responsible for organising and managing all social functions of the Club.
6.7 With the approval of the Committee any member of the committee may be assisted in their duties by other members of the Club. The committee may also, at their discretion, re-allocate roles within the members of the committee to ensure that all the activities of the committee are carried out.
6.8 The Committee may appoint a replacement in the event of a Committee member being unable/unwilling to continue in the post during the year. That post will then be open to election at the next Annual General Meeting.
6.9 The Committee may delegate any specific matter to an individual or sub-committee chosen by them. The positions of Bar Manager and Web Master fall into this category.
6.10 The post of Honorary Commodore may be created as a special office, to be conferred upon a distinguished member of the community as patron of the Club after a proper resolution passed at an Annual General Meeting. The post will be held for life or until resignation at his/her request.
7 MEETINGS
7.1 The Committee will meet monthly or as required to discuss all matters pertinent to the well-being and progress of the Club. 51% of the number of Committee members in post at the time of the meeting need to be present to form a quorum.
7.2 All major decisions affecting policy and finance at Committee meetings shall be ratified by the members at any General Meeting. (See also Section 9 – Finance – for Committee proposal on a project spend.)
7.3 There shall be an Annual General Meeting in the Autumn. At least seven days’ notice, by email or in writing, shall be given to the membership. One fourth of the total membership of categories A and D is required to form a quorum. (Family and Honorary members will only count as one membership for this purpose.)
7.4 An Extraordinary General Meeting of members may be called by the Club Committee or by at least 3 members who are eligible to vote (Family and Honorary members will only count as one membership for this purpose). Application by the latter must be in writing to any Committee member and specify the object of any such meeting. At least 72 hours notice of the meeting must be given to the membership of the Club. A quorum is to be counted on the same basis of an Annual General Meeting.
7.5 The Club may amend the Constitution and/or Club Rules or add to them at any General Meeting, provided that four fifths of the members present agree to such alterations or additions. Each member present, and entitled to vote, will have one vote. For all other ballots each member present, and entitled to vote, will have one vote and a majority will carry; in the case of a tie the Chair will have the casting vote.
8 LIMITATION OF LIABILITY
8.1 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.
8.2 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 left or stored on Club Premises.
8.3 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, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the Officers, Committee or servants of the Club.
9 FINANCE
9.1 All withdrawals from the Club accounts will require two signatures, the Commodore, Treasurer and Secretary having authority to sign.
9.2 The accounts will be audited before the Annual General Meeting by an auditor who will have been appointed at the previous Annual General Meeting and not be a member of the Club Committee.
9.3 The Committee may request a statement from the Treasurer of the Club’s financial position at any Committee meeting. Any voting member may also make a similar request via the Committee and this will be provided with the agreement of a majority of the Committee.
9.4 The Club is a non-profit making organisation. All surpluses arising from Club activities, including but not exclusively those from the sale of beverages and other goods, shall be used solely to further the objectives of the Club and shall not be distributable to members.
9.5 Any proposed spend by the Committee on any one project with an anticipated cost of over 25% of the current subscription income in that Club financial year is to be ratified by the membership. If this anticipated cost is later insufficient to complete the project then the additional cost must also be approved by the membership before it is incurred. This approval will be at any General Meeting or by email (or letter if no email address) with a 3 week deadline for reply from the date of issue of the email. Nil replies will be deemed as agreement with the Committee proposal.
10 DISSOLUTION
10.1 A motion proposing dissolution of the Club must be supported by at least four fifths of the total eligible voting members of the Club at an Extraordinary General Meeting specifically called for this purpose.
10.2 In the event of dissolution the assets shall be applied to the Royal Yachting Association (Scotland) being the sports governing body, for use in related community sport (or failing this, a registered charity, to be determined by a General Meeting of the Members).
11 REVISION HISTORY
11.1 Adopted SGM 2013
11.2 Para 5.2 AGM 2013
11.3 Para 4.6 SGM 2014
11.4 Para 7.1 AGM 2014
11.5 Para 7.3 SGM 2015
11.6 Paras 7.2 & 9.5 AGM 2015
11.7 Three year review – Paras 3.2, 3.11, 3.12, 3.13, 4.2, 4.5, 4.6, 5.1, 6.6.2, 7.2, 7.3, 7.4, 9.3, 10.1 SGM 2016
11.8 Paras 5.1, 6.7, 6.8, 6.10, 7.3, 7.4, 7.5 AGM 2017
11.9 Para 3.1 AGM 2019
Forth Cruising Club 