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1.
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Names and Objects
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2.
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Officers
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3.
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Membership
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4.
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Management Committee
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5.
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Trustees
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6.
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Meeting of the Club
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7.
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Dissolution of the Club
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8.
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Byelaws, Etc.
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Section 1 - Name and Objects
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1.
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The name of the Club shall be The Brighton Sailing
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Club (hereinafter referred to in these rules as the
club).
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2.
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The object on which the club is founded is to provide
facilities for and promote participation of the whole community in the sport
of sailing and also to provide social and other facilities for members as may be
from time to time determined.
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Section 2 - Officers
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Officers
of the
Club
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*3
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The Officers of the club shall be Full or Family
members of the club and shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore,
an honorary membership secretary an Honorary Secretary and an Honorary Treasurer.
Officers shall be elected at the Annual General Meeting in each year and shall hold
office for up to three years, retiring at the termination of the Annual General
Meeting in each year. All Officers of the Club shall be eligible for re-election.
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Duties of [Honorary] Secretaries etc
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4.
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The Honorary Secretary shall:-
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Duties
of Honorary
Secretary
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(a)
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Keep a register of club members' names and addresses;
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(b)
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Conduct the correspondence of the club;
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(c)
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Keep custody of all club documents;
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(d)
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Keep full minutes of all meetings of the club, the
Committee and sub-committee which shall be confirmed and signed by the appropriate
Chairman upon the agreement of the club, the Committee or sub-committee at the next
following meeting of the club, the Committee or [sub-committee;
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(e)
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Administer such insurance policy or policies as may
be needed fully to protect the interests of the club, its Officers and its members;
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(f)
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Maintain contact with the club's Legal Advisor to
ensure that the club's affairs are managed in accordance with current law.
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(g)
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Maintain any such certificates or registrations,
and complete any such non-financial returns, as may be required by law.
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5.
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The honorary Treasurer shall:-
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Duties of
Honorary
Treasurer
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(a)
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Cause such books of account to be kept as are necessary
to give a true and fair view of the state of finances of the club.
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(b)
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Cause all returns as may be required by law in relation
to such accounts to be rendered at the due time.
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(c)
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*Prepare an Annual Balance Sheet as at 1st
December 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.
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6.
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The Honorary Auditors shall:-
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(a)
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Be appointed at the Annual General Meeting in each
year [and shall be two appropriately qualified members of the club];
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Duties of Honorary
Auditors
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(b)
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The Auditors shall 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 shall be required by law or by the committee;
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(c)
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If either 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.
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Section 3 - Membership
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Categories and votes of
Membership
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7.
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Membership of the club shall be open to all persons
irrespective of ethnicity, nationality, sexual orientation religion or beliefs;
or of age, sex or disability except as necessary consequence of the requirements
of sailing as a particular sport.
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 byelaws of the club.
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A FULL MEMBER
- being a person who, at the date of election, is over the age of eighteen shall
have one vote.
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A FAMILY MEMBER
- which expression shall include one or two parents (as may be) and all children
under eighteen years of age. The family unit shall have one vote, exercisable by
either parent.
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A JUNIOR MEMBER
- being a person who, at the date of election, is under the age of eighteen shall
have no vote.
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Such a member shall be one who at the commencement
of the subscription year joins the club other than as a full member or a family
member.
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AN HONORARY MEMBER
- who shall have no vote.
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A SOCIAL MEMBER
- who shall have no vote.
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A TEMPORARY MEMBER
- who shall have no vote.
A temporary member will be a visiting sailor attending
the club for the purposes of an open meeting or other organised sailing event. All
other persons who are not members attending any event at the club shall be considered
a guest.
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Other categories of membership may be allowed as
voted for at the AGM and shown on the membership form.
No member except a TEMPORARY MEMBER may use
the club premises, or any of the facilities of the club until forty-eight hours
have elapsed from the date of posting of notice of election.
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* Candidates for membership shall have no privileges
whatsoever in relation to the use of the club or premises.
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Membership Entrance & Subscription Fee
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8.
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The rate of joining fee and Subscription fee
for each category of Membership shall be proposed by the Committee to the members
at the Annual General Meeting in each year. Any proposed changes shall be approved
by a majority of those present and entitled to vote and shall become operative on
the first day of January in the year following. The current rate of joining and
Subscription fee shall be prominently displayed in the club premises.
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9.
(a)
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Members shall also make the following annual payments:-
An annual boat permit fee of such a sum as the Committee
shall from time to time prescribe which shall entitle a member to a space in the
club's boat park.
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(b)
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Such an annual sum as shall from time to time be
demanded to defray the club's subscription to the RYA as a Fully Affiliated club.
All members shall pay the joining fee 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 August in any year shall pay half the annual subscription applicable for
that year and that a member elected after the first day of November 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.
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Members'
duty to provide an up to date address
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10.
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Every member shall furnish the Honorary Secretary
with an up-to-date address which shall be recorded in the Register of Members and
any notice sent to such address as shall be deemed to have been duly delivered.
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Election and retirement of members
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Candidates for election
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11.
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Every candidate for membership (except Honorary Members)
shall be proposed and seconded by a Full or Family member of the club, prospective
members may be invited to appear before the committee.
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Application for membership
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12.
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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 the Seconder.
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Election of Members
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*13
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Upon receipt of an application for membership, the
Honorary Secretary shall enter such application in a Register of Candidates and
shall cause the application form to be prominently displayed in the club premises
for at least fourteen days 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 and shall be a simple majority vote of those of the
Management Committee. The Honorary 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.
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Payment of Fees upon Election
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14.
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Upon 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.
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One years temporary absence of member
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15.
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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 and other annual fees provided that notice in
writing is given to the Honorary Secretary before the last day of November in the
previous year. A member wishing to be re-instated during the year in question shall
pay such portion of the annual subscription as the Committee shall require.
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Retirement of a member
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16.
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A member desirous of retiring from membership shall
give notice in writing to the Honorary 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 payment
of an Entrance Fee.
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Arrears of Subscription
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17.
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The Committee may cancel, without notice given, the
membership of any member whose annual subscription and other annual fees are more
than three months in arrears provided that the Committee may, at its discretion,
re-instate such member upon payment of arrears. No member whose annual payment are
in arrears may enter any club event or regatta nor vote at any meeting.
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Conduct of Members
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Under-taking by members to comply with rules
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18.
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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.
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Expulsion
of members
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PROVIDED THAT,
before expelling a member, the Committee shall 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.
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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.
The club may refuse membership or expel from membership
only for good and sufficient cause, such as conduct or character likely to bring
the club or sport in to disrepute. Any appeal against such a decision may be made
to the club's members and decided by a majority vote.
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Guests in the Club
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19.
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Members shall enter the names of all guests in the
Visitor's Book. The same guest may not be introduced more than six times in any
calendar year.
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Damage to club property
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20.
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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.
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Exhibiting of notices
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21.
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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.
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Settlement of Accounts
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22.
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A member shall settle any indebtedness for refreshment
or otherwise before leaving the club premises, or in accordance with any byelaw
relating to the settlement of such indebtedness.
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Suggestions
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23.
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All suggestions shall be entered in the Suggestion
Book and signed by the Member.
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Complaints
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24.
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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.
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Members of other RYA Clubs
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25.
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A member of any club affiliated to 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.
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Competitors in club races
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26.
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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.
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Power to expel those admitted under rules 25 &
26 hereof
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27.
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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 25 and 26.
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Limitation of club liability
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Limitation of club liability
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28.
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Members, their guests and visitors are bound by the
following Rule which shall also be exhibited in a prominent place within the club
premises:-
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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:-
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(a) 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.
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(b) The club will not accept any liability of personal
injury arising out of the use of the club premises, 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.
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29.
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Membership of the club and acceptance of these rules
by the member will be deemed to constitute consent to the holding of relevant personal
data for the purposes of the Data Protection Act 1984 and any subsequent amendments
of said act.
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Section 4 - Management Committee
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Constitution of Committee
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*30.
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The General Committee (herein referred to as 'the
Committee') shall consist of the Officers, ex officio, and not less than four nor
more than eight Full 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.
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Retirement of members of the Committee
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31.
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At the Annual General Meeting each year two of the
Full and Family members shall retire in order of election or seniority. In the case
of equal seniority the order of retirement shall, failing agreement between the
members concerned, be determined by lot. Members retiring under the rule shall not
be eligible for re-election to the Committee until the Annual General Meeting next
following the meeting at which they retire.
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Candidates for election to Committee
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32.
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Candidates for election to the Committee (not being
Officers of the Club) shall be those members of the retiring Committee eligible
to offer themselves for re-election and such other full or Family members whose
nominations (duly proposed and seconded in writing by Full or Family members of
the Club) with their consent shall have been received by the Honorary Secretary
at least twenty eight 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 to the club premises at least fourteen days prior to the date of the Annual
General Meeting.
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Election of committee by ballot
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33.
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If the number of candidates for election is greater
than the number of vacancies to be filled then there shall be a ballot.
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No contest for election
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34.
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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.
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35.
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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.
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Casual vacancy
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36.
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If, for any reason, a casual vacancy shall occur,
the Committee may co-opt a Full or Family member to fill such a vacancy until the
next following Annual General Meeting.
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Retiring Commodore ex officio
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37
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A retiring Commodore shall serve as an ex officio
member of the Committee in the year immediately following his retirement.
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Committee Meetings
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38.
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The Committee shall meet at least every two months
making such arrangements as 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.
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Voting at committee
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39
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Voting (except in the case of a resolution relating
to the expulsion of a member) shall be by show of hands. In the Committee case of
equality of votes the Commodore or Chairman (as the case may be) shall have a second
and casting vote.
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Quorum
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40.
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Five members personally present shall form a quorum
at a meeting of the Committee.
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Powers of the committee
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Management of club by Committee
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*41.
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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 or for a benevolent or charitable purpose nominated by
General Meeting.
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Powers to make Byelaws and Regulations
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42.
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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 of a
General Meeting of the club.
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Appointment of sub-committees
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43.
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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 and 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 Committees may think fit. Officers of the club shall be ex officio members
of all such sub-committees.
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Disclosure of interest to third parties
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44.
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A member of the Committee, of 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.
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Limitation of Member's liability
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45
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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 contract
only as 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.
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Members indemnification of Committee
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46.
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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.
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The limit of any individual member's indemnity in
this respect shall be a sum equal to one year's subscription at the then current
rate of that category of membership unless the committee has been authorised to
exceed such limit by a General Meeting of the club.
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Nomination of Honorary Members by Committee
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*47.
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The Committee may nominate for election at an Annual
General Meeting 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 nor shall the number of Honorary Members exceed at any
one time six in number.
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The election of Honorary Members shall be put to
the vote at the Annual General Meeting each year and such Honorary Members shall
be duly elected if two thirds of those present, and entitled to vote, vote in favour
of election.
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Purchase and supply of excisable goods
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Purchase & Supply of Excisable Goods
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*48.
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The purchase for the club of excisable goods and
the supply of the same upon club premises shall be exclusively and solely under
the control of the Committee, or of a special sub-committee appointed by the Committee.
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Intoxicating liquor may only be sold for consumption
on the club premises to persons over the age of eighteen who are entitled to the
use of the club premises in pursuance of the Rules, Byelaws and Regulations for
the time being in force. No Junior Member under the age of eighteen may purchase
or attempt to purchase intoxicating liquor within the club premises nor may a Junior
Member under the age of sixteen purchase or attempt to purchase tobacco or cigarettes
within the club premises.
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Hours of Sale of Excisable Goods
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*49
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Subject to the requirements of the licensing authorities,
the Committee shall cause the club bar to be opened at convenient times (and such
times shall be prominently exhibited in the club premises) for the sale of excisable
goods to persons who are entitled to the use of the premises of the club in pursuance
of these rules (except Junior Members as aforesaid) PROVIDED THAT visitors' names
and addresses and the name of their introducer shall have been entered in the Visitor's
Book upon entry to club premises.
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Profits from Sale of Excisable Goods
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*50.
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No person shall take a commission, percentage or
other such payment in connection with the purchase of excisable goods for the club.
Any profit deriving from the sale of such goods shall (after deduction of the costs
of providing such goods for the benefit of the club) be applied to the provision
of additional amenities or the purchase of property to be held in trust for the
benefit of the club.
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Accounts relating to excisable goods
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*51.
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Proper accounts of all purchases and receipts shall
be kept and presented at the Annual General Meeting in each year and such information
as the [Honorary] Secretary or [Honorary] Auditors may require shall be furnished
to enable any statutory return or statement and the payment of excise or other duty
or tax to be made.
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Section 5 - Trustees
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Number of & terms of reference
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52.
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There shall be at least 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.
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Property of club vested in Trustees
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53.
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All the 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 it is necessary and practicable, on trust for the use and benefit of the
club. In the death, resignation, or removal from 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 besting 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.
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Powers of Trustees
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54.
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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 mortgage
shall be concerned to enquire whether any such direction has been given.
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Indemnity of Trustees from club
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55.
(a)
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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 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.
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Limitation of Liability of Club Trustees
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55.
(b)
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(To be incorporated in every contract, lease, licence
or other agreement entered into by the Trustees of the Club).
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The liability of the 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.
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Section 6 - Meetings of the club
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Annual General Meeting
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56.
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An Annual General Meeting of the club shall be held
each year in the month of 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 of any
General Meeting as hereinafter mentioned post or deliver to each member notice hereof
and of the business to be brought forward thereat.
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Business at Annual General Meeting
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57.
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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 forty two days
before the date of the Annual General Meeting.
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Special General Meeting
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*58.
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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.
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General Meeting upon request of members
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*59.
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The Committee shall similarly call a General Meeting
upon a written request addressed to the [Honorary] Secretary by at least 5 members.
The discussion at such meeting shall be confined to the business stated in the notice
sent to members.
[Note to Clause 59. For the purposes of the Licensing
Act 1964 this Clause must be limited to a maximum of thirty OR 1/5th
of the total membership, whichever is least].
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Chairman at Meetings
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60.
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At every meeting of the club the President or the
Commodore or, in their absence, a Chairman elected by those present shall preside.
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Quorum at Meetings
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61.
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Fifteen members entitled to vote and personally present
shall form a quorum at any meeting of the club.
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Entitlement to vote at Meetings
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62.
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Only Full, Family and Honorary members shall vote
at any meeting of the club. Other members may attend but are not entitled to vote.
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Voting at Meetings
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63.
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Voting, except upon the election of members of the
Committee, shall be by show of hands.
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Equality of Votes
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64.
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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.
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Voting on Rule Change
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65.
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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.
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Section 7 - Dissolution of the Club
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Dissolution of the Club
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66.
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The income and property of the club, any assets remaining
after the satisfaction of all debts and liabilities shall not be paid to or distributed
among the members of the club, but shall be given or transferred to one or more
of the following approved to one or more of the following approved sporting or charitable
bodies
1.
A registered charitable organisation
(s)
2.
Another club which is a registered
CASC
3.
The sports national governing body
for use by them for related community sports.
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Section 8 - Byelaws
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Rights and privileges of members
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67.
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The present rights and privileges of each category
of membership shall be as follows:-
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A FULL MEMBER
shall have the full use of all the club facilities.
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A FAMILY MEMBER,
his/her spouse and all the children under the age of eighteen shall have the full
use of all the club facilities subject only to Rule 47.
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A JUNIOR MEMBER
shall have the full use of all the club facilities subject only to Rule 47.
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AN HONORARY MEMBER
shall have the full use of all the club facilities.
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A SOCIAL MEMBER
shall have the full use of the club-house facilities.
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A TEMPORARY MEMBER
(which expression may include members of another RYA recognised club or organisation)
shall have the full use of the club facilities but:-
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(a) Shall have no right to enter club races or regattas
unless specifically authorised by the Honorary secretary or Committee.
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(b) Shall have no right to introduce visitors to
the club or the facilities thereof.
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(c) shall have no right to take any part in the management
of the club.
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(d) Is deemed to have notice of and by implication
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 Temporary Member.
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(e) shall be liable to be expelled from the club
premises or to be prohibited from using the club facilities if, in the opinion of
the Honorary Secretary, he or she shall not have reasonably complied with the above
conditions.
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Control of car parking
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70.
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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.
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Opening of club premises
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71.
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The club premises shall be open to members at such
times as the Committee shall direct. The present hours of opening are as follows:
Wednesday 2030-2300
Sunday 1000-1430
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72.
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The permitted hours for the sale of intoxicating
liquor are in accordance with the local authority licence.
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The bar will be open such as may be decided by the
Committee subject to any restrictions imposed from time to time by the Licensing
Authorities.
Current opening times are from 2030 to 2300 on a
Wednesday and from 1200 to 1430 on a Sunday
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Abandoned Boats
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73.
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In addition to the powers given to the Committee
under Rule 17, and Rule 41 hereof if, at any time, any fees payable to the club
by any member or former member shall be three months or more in arrears and a vessel
the property of a member or former member remains upon the club premises, the Committee
may:-
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(a) Move the vessel to any part of the club premises
without being liable for any loss or damage to the vessel howsoever caused.
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(b) Give one month's notice in writing to the member
or former member at his last known address as shown in the Club Register and thereafter
sell the vessel and deduct any monies due to the club. (Whether by way of arrears
of subscription or annual payments, mooring, dinghy park fees or otherwise) from
the net proceeds of sale before accounting for the balance (if any) to the member
or former member.
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(c) Alternatively, if the vessel is unsaleable, after
giving notice in writing as aforesaid, dispose of the vessel 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.
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(d) Further the club shall at all times have a lien
over members' or former members' boats parked or moored on the club's premises or
club moorings in respect of all monies due to the club, whether in respect of arrears
of mooring fees or subscriptions or otherwise.
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PROVIDED ALWAYS THAT:-
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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
vessel is sold the proceeds of sale (unless any indebtedness by the member or former
member to the club) 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 two years.
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