Constitution and Rules of Loch Earn Sailing Club
Name and Objects
1. The Club shall be called the ‘Loch Earn Sailing Club’.
2. The object of the Club shall be to promote sailing.
3. The Club Ensign shall be the Red Ensign undefaced. The Club Burgee shall be a white shield with three wavy lines of red, on a field of blue.
4. The Club in General Meeting may elect an Honorary Commodore and an Honorary Vice-Commodore. They shall hold office until the next Annual General Meeting. They shall be eligible for re-election. They shall take no part in the management of the Club.
5. The Club in General Meeting may elect a President, who shall hold office until the next Annual General Meeting and shall be eligible for re-election.
6. The Flag Officers of the Club shall be the Commodore, Vice-Commodore and Rear Commodore, elected in terms of Rule 19. They shall be ex officio members of all Committees and shall be entitled to wear the following flags:
- Commodore: A navy blue swallow-tailed flag, displaying the same device as the Club Burgee.
- Vice-Commodore: A flag similar to that of the Commodore with one ball in the hoist.
- Rear-Commodore: A flag similar to that of the Commodore with two balls in the hoist.
7. The Office Bearers of the Club shall be the Honorary Secretary and the Honorary Treasurer. They shall be ex-officio members of all committee:
8. The Honorary Secretary shall:
- keep a register of Club Members’ names, addresses and telephone numbers, subject to the provisions of the Data Protection Acts.
- conduct the correspondence of the Club.
- keep full minutes of the meetings of all Committees.
- keep custody of all Club documents.
9. The Honorary 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 to be made as may be required by law.
- administer such insurance policy or policies as may be required to protect the interests of the Club, its officers and its members.
10. The whole property of the Club, both heritable and moveable, shall be vested in the Trustees of the Club, who shall be the Flag Officers of the Club, the Honorary Secretary and the Honorary Treasurer, and their successors in office ex officiis: but any property of the Club as was prior to the adoption of this Rule vested in the Commodore, Honorary Secretary and Honorary Treasurer and the successors in office may continue to be so held at the discretion of the General Committee. The Trustees shall be bound to comply with any order of the General Committee signed by the Chairman and certified by the Honorary Secretary, and shall bear no personal liability for complying therewith. From year to year general Club funds are for use only by the Club for running costs, maintenance and improvement of facilities. Club general funds will not be distributed to members.
11. The affairs and property of the Club shall be managed by the General Committee consisting of:
- the Flag Officers and Office Bearers of the Club as specified in rules 6 and 7.
- Not more than six members of the Club elected as provided for in Rule 19, and
- Such other members as may be co-opted on to the General Committee with full voting powers as provided for in Rule 20.
12. The quorum for a meeting of the General Committee shall be four. The Senior Flag Officer of the Club present at Committee meetings shall take the chair. If no Flag Officer is present the meeting shall appoint its own chair. In the event of equality in voting the casting vote shall rest with the chair.
13. A Sailing Committee consisting of not more than six members of the Club shall be appointed by the General Committee, to hold office until the next Annual General Meeting. The members of the Sailing Committee shall be eligible for re-election. Their duties shall be laid down by the General Committee and shall include the organisation of the Club races and the hearing of protests.
14. All sailing by members of the Club when racing shall be carried out under the ISAF Racing Rules of Sailing and the prescriptions of the Royal Yachting Association, as amended from time to time by the Sailing Committee in terms of those Rules. When not racing the international regulations for preventing collision at sea will apply.
15. The General and other Committees of the Club shall have power to delegate any part or parts of their duties (except directions of the Trustees) with such powers as they may deem necessary to one or more of their members, or to subcommittees (whether composed of their own members or Club members or both), or otherwise as shall in the sole discretion of the relevant Committee be deemed necessary.
16. The General Committee shall have power to employ professional and other assistance and to allow the usual remuneration for the same. It shall be no objection that a professional adviser employed under this Rule is a member of the committee or of the Club.
17. The General Committee shall be entitled to open banking accounts as it may deem convenient, and to allow these to be operated by the Honorary Treasurer or by such other person or persons as may be decided by the General Committee.
18. The accounts of the Club shall be made up to 15th October in each year, and shall be audited prior to the Annual General Meeting by an Honorary Auditor appointed by the Club in General Meeting. The Honorary Auditor may be a member of the Club or of the General Committee. The auditor shall retire at each Annual General Meeting but shall be eligible for re-election.
Election of committee members
19. The Flag Officers, Office-Bearers and the elective members of the General Committee shall be elected at the Annual General Meeting. Only Sailing Members of the Club shall be eligible for election as Flag Officers or as members of the General Committee. The Flag Officers and Office-Bearers shall be eligible for re-election without restriction. Each year one half of the elective members of the General Committee shall retire, the next year the other half shall retire. A retiring member shall be eligible for re-election once. Upon a second retiral (after four years in office) the retiring member will not be eligible for re-election, but will again be eligible for re-election to the General Committee after a further year out of office.
20. The General Committee shall be entitled to co-opt members to fill casual vacancies in the Committee, and to co-opt additional members, not exceeding three in number, with full powers to attend and vote at any Committee meeting. The General Committee may also co-opt any number of people, whether members of the Club or not, for any special purpose but without the powers of voting at Committee meetings.
21. The Club shall operate an equal opportunities policy towards all of its members, without discrimination.
22. Membership of the Club shall be open to all amateur sailors interested in sailing on Loch Earn, and to others interested in furthering the objects of the Club without wishing to take an active part in sailing.
23. Boats owned by applicants for membership must be of a class approved by the General Committee.
24. Candidates for membership shall be proposed and seconded by Sailing Members of the Club who have personal knowledge of them. The powers of election shall be vested in the General Committee and all applications shall be laid before the committee at its regular meeting held after the date of each application.
25. The Club shall consist of Sailing Members (including Life Members), Non-Sailing members, Cadet Members (including Student Members), Abated Members, Associated Members and Temporary Members. Sailing Members may be divided into such classes with such different entrance fees (if any) and subscriptions as the Club may decide in General Meeting from time to time. The numbers of members in any one or more of the classes of member may be limited by a bye-law as hereinafter provided for or by an ordinary resolution of the Club in General Meeting.
26. Candidates for membership, if elected, and existing Sailing Members may apply to become Life Members upon payment of such entrance fee (if any), and such life subscription as may from time to time be determined by the Club in General Meeting. Upon election Life Members shall be exempt from payment of any further subscription.
27. The General Committee shall have power to elect as Non-Sailing Members persons having an interest in the Club and its objects but not desirous of taking part in the sailing activities of the Club, but at no time shall the number of Non-Sailing Members exceed 25% of the total membership of the Club. Non-Sailing Members shall have no vote
28. Candidates who are under the age of 18 years at the start of the Club year may be elected Cadet Members. Candidates between 18-25 years at the start of the Club year who are in full-time education or training may be elected Student Members. Cadet and Student Members shall pay no entrance fee but shall pay a reduced subscription determined by the General Committee. On reaching 18 years of age or on ceasing to be in full-time education or training such members may become Sailing Members on payment of such entrance fee and subscription as the Club may decide in General Meeting. Cadet and Student Members shall have no vote.
29. Candidates who are over the age of 18 years but under the age of 25 years at the start of the Club year and are not in full time education or training may be elected Abated Members on payment of such Entrance Fee and Subscription as the Club may from time to time in General Meeting decide, but so that no candidate who was a Cadet or Student Member in the preceding Club year shall pay an Entrance Fee. Abated Members shall have no vote.
30. The General Committee shall have power to elect Associated Members, being schools and other educational or vocational organisations with an interest in sailing on Loch Earn. The Entrance Fee (if any) and Subscriptions or Subscriptions (if any) shall be at the discretion of the General Committee. Associated Membership shall lapse automatically on 15th October in each year. Associated Members shall have no vote.
31. The General Committee shall have power to elect Temporary Members. The length of each Temporary Membership, the entrance fee (if any) and subscription (if any) shall be at the discretion of the Committee. Temporary Membership shall lapse automatically at 15th October in each year. Temporary Members shall have no vote.
32. The General Committee shall have power by the unanimous vote of those present and voting to recommend to the Club in General Meeting that they invite eminent sailors, or any person who has rendered distinguished service to the Club, to become an Honorary Member of the Club. Such members shall be elected for life and shall be exempt from the payment of any subscriptions.
Entrance fee and subscriptions
33. Subject to any express conditions in these Rules, every member shall pay such entrance fee (if any) and subscription (deemed to include all other fees, rentals and storage charges) as may from time to time be fixed by the Club in General Meeting. The General Committee shall be entitled to remit all or any part of the entrance fee of any person for any reason it may deem expedient. Only Life Members and Sailing Members shall be entitled to vote at any General Meeting. Sailing Members shall have only one vote for each subscription paid.
The annual subscription shall be due on 1st January in each year. The financial year of the Club shall close annually on 15th October of that year. Subscriptions shall be paid annually either by an authorised direct debit plan to be taken in twelve monthly instalments commencing 1st January (backdated for commencing a direct debit plan after January) or by a single annual direct debit on 1st March.
34. Any member who has failed to authorise a direct debit plan by 1st May shall, if the General Committee so order, have their name posted in the Club house. If such member has failed to authorise a direct debit plan by 1st June, or is in direct debit arrears by two or more months, they shall cease to be a member of the Club. The election of any member shall be null and void if that person has not authorised a direct debit plan for their entrance fee (if any) and subscription within one calendar month of the date on which notice of election was sent to such person. The General Committee shall have power to reinstate a person whose membership has lapsed or has failed to become effective under the above clauses and apply a late payment surcharge of up to 10% of all monies due.
Complaints by members
35. Any member wishing to lodge a complaint shall do so in writing addressed to the Honorary Secretary, who shall place the complaint before the appropriate committee.
36. Any member may resign by giving notice in writing to the Honorary Secretary, but such member shall be held liable for subscriptions for the current Club year.
37. If the conduct of a member, either in or out of the Club, shall in the opinion of the General Committee be deemed to injure the character or interests of the Club, the Committee shall have power to recommend such member to resign. If the member so recommended to resign shall not do so within a month of the date of such recommendation, the Committee may expel the member and any member who has been expelled may not thereafter enter the Club: Provided that no such recommendation shall be made unless the same be agreed to by three-fourths of all of the members of the Committee voting at a meeting specially summonsed to consider the conduct of such member. In the event of the members present at such a meeting of the General Committee being unanimously of the opinion, after having afforded the member the opportunity of making a statement, that the member shall be immediately expelled, they shall have the power to expel the member from the Club at once without the option of resigning. A member of the Committee whose conduct is being dealt with shall have no vote.
38. If present, the President will preside at General Meetings of the Club. The Senior Flag Officer of the Club present at General Meetings shall otherwise take the chair. If no Flag Officer is present the meeting shall appoint is own chair. In the event of equality in voting the chair shall have a casting vote.
39. The Annual general Meeting shall be held in the last fortnight in November.
40. Any member wishing to move any resolution at any Annual General Meeting shall give written notice thereof to the Honorary Secretary at least 31 days before the date of the meeting. The resolution shall be included in the notice convening the meeting.
41. The Honorary Secretary shall, at least thirty days before the date of the Annual General Meeting, send a circular calling for nominations under Rule 19, and any nominations so received shall be included in the agenda for that meeting. All such nominations must be accompanied by a note from the nominee indicating willingness to stand for office. Members shall be entitled to be nominated at the Annual General Meeting for places on the General Committee.
42. A statement of the accounts for the preceding Club year shall be circulated together with the notice calling the Annual General Meeting and the agenda at least seven days before the date of the meeting.
43. A Special General Meeting may be notified either at the discretion of the General Committee or within fourteen days of the receipt by the Honorary Secretary of a requisition signed by ten members entitled to vote at General Meetings, stating the reasons for which the meeting is to be called. Not less than 21 days’ notice shall be given of any Special General Meeting and of the purpose of such meeting.
44. A quorum for a General Meeting shall be twelve members entitled to vote.
45. Each member must vote personally. No member shall be entitled to vote at any meeting unless any money due from the member to the Club has been paid.
46. The General Committee shall have power to make bye-laws that shall have immediate effect on promulgation, but shall lapse if not confirmed at the next Annual General Meeting or at a Special General Meeting to confirm them. Should any unconfirmed bye-laws be objected to in writing by ten members entitled to vote at General Meetings, a Special General Meeting shall be convened within 14 days of receipt of the objection by the Honorary Secretary.
Freedom from liability
47. No member shall have any claim against the Club or its officers or Office-Bearers or against any individual member of the Club acting in an official capacity on behalf of the Club, in respect of any loss, injury or damage whatsoever caused or arising from any accident or misadventure happening on or within the Club premises or precincts. This freedom from liability cannot be claimed if there is any insurance cover in operation which would provide compensation for an injured member.
Alteration to constitution and Rules
48. This constitution and Rules may only be altered or added to if the alteration or addition has, after due notice has been given to all members, been approved by a two-thirds majority of those present and voting at an Annual General Meeting or at a Special General Meeting called for the purpose.
Dissolution of the Club
49. If upon the winding-up or dissolution of the Club there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club, but shall continue to be held by the Trustees of the Club for the purpose of ultimate realization or donation and transfer to some other institution or institutions with similar objects to that of the Club as may be determined by the members of the Club by resolution passed by a two-thirds majority at a General Meeting at or before the time of the winding-up or dissolution. If no such resolution be passed, then the remaining property of the Club shall be retained and dealt with by the Trustees as they may think fit for a period of up to five years from the date of winding-up or dissolution, with any surplus arising there from being accumulated. During that period the Trustees shall endeavour to identify an institution or institutions to which the property may be properly be donated or transferred at any time at their sole discretion. If and in so far as effect cannot be given to these provisions any remaining property shall be realised and donated to the Royal Yachting Association for its general purposes, but with preference for its use to benefit sailing in Scotland.
Last amended at the 2015 AGM held on 22 November 2015