Promoting sailing and social activities for all the family.
PLYM YACHT CLUB
ICONTENTS Rule Page
1 Titles and Objects 2
2 Membership and Subscription 3/5
3 Trustees 6
4 Officers and Committee 7
5 Annual Accounts and Statement 8
6 General Meetings 9
7 Finance 10
8 The House 11
9 Moorings and Storage 12
10 Winding Up 13
11 Constitution and Bye-
12 Liability for Injury 14
NB. The Club Bye-
Revised and re-
Rev 1 Sept 2005
Rev 2 Sept 2007
Rev 3 Nov 2007
Rev 4 Nov 2008
Rev 5 Nov 2009
Rev 6 Nov 2011
Rev 7 Nov 2012
Rev 8 Nov 2013
Rev 9 Feb 2015
Rev 10 Nov 2016
PLYM YACHT CLUB
1 TITLES and OBJECTS
1.1 The name of the Club shall be PLYM YACHT CLUB hereinafter referred to in these Rules
as ‘the Club’
1.2 The premises of the said Club shall be Lang’s House, The Quay, Oreston, Plymouth,
PL9 7NE, or at such other premises as the Committee may determine.
1.3 The objects of the Club shall be to promote and encourage waterborne activities and to
provide social facilities for the members.
1.4 The Club shall be affiliated to the Royal Yachting Association and the Port of Plymouth
1.5 The Club shall wear the burgee of a blue pennant with a white spinnaker shape in its
Centre carrying a blue three-
2 MEMBERSHIP and SUBSCRIPTION
2.1 Full Membership shall be open to adults who shall be entitled to the use of all Club facilities and shall have one vote. Where such members have reached State Retirement age and have held 20 years’ continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription, which shall be HALF the appropriate rate for the time being in force.
2.2 Family Membership shall be open to husband or wife or partner and/or wife or husband or partner and such of their children who are under 18 years of age on the 1st of October or on the 1st April in each subscription year. Each adult shall be entitled to the use of all Club facilities and shall have one vote each. Where such members have reached State Retirement age and have held 20 years’ continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription, which shall be HALF the appropriate rate for the time being in force. Each child shall be known as a Cadet.
2.3 Full Country Membership shall be open to adults’ resident outside a 30-
2.4 Family Country Membership shall be open to husband or wife or partner and/or wife or husband or partner or and such of their children who are under 18 years of age on the 1st of October or on the 1st April in each subscription year and who are all resident outside a 30-
2.5 Temporary Members may be admitted to the Club at the discretion of the Committee for a period not normally exceeding 12 weeks in any one year. This period may be extended with the approval of the Committee. Temporary members shall pay a fee per week, which shall be determined by the Committee and published in the Club Bye-
2.6 Honorary Members may be elected only at a General Meeting. They may be such persons as the Club wishes to recognise for their services to the Club. They shall be entitled to the use of all Club facilities, except moorings, but shall have no vote.
2.7 a) Associate Membership shall be open to individual adults who shall be known as Associate members and to couples who shall be known as Family Associate members and such of their children who are under 18 years of age on the 1st October or on the 1st April in each subscription year and to individuals aged 18 to 25 years who shall be known as Junior Associate members. All classes of Associate members shall only be entitled to the use of all Clubhouse facilities during the hours the Club is open. Such members shall have NO right to vote at any Meeting or General Meeting of the Club nor may they receive any benefit from the disposal of assets of the Club following the winding up of the Club (Rule 10.5) or have any right to other of the benefits of membership applicable to full voting members of the Club.
b) Associate Membership may be enrolled up to a maximum of 30% of the Voting Membership currently enrolled.
c) Junior Associate membership subscription shall be HALF the amount applicable for Associate membership.
d) Associate members and Family Associate members and Junior Associate members shall be eligible to be co-
e) Associate members and Family Associate members and Junior Associate members may on payment of the appropriate fee apply to become full voting members.
f) No Associate or Family Associate member or Junior Associate member may enter a yacht or dinghy in any Yacht Race or Dinghy Race organised by the Club, except by virtue of Sailing Membership of any other Club affiliated to the Royal Yachting Association.
2.8 Overseas Membership shall be open to individuals who reside outside the United Kingdom for a period of 10 months or more in any membership year. They shall be entitled to the use of all Club facilities except Moorings (Rule 9.6). Such members shall have no right to vote at any meeting or General Meeting of the Club nor may they benefit from the disposal of assets of the Club following the winding up-
address shall be stated as appropriate. The rate of subscription for an Overseas Member shall be 10% of the then current rate for a Family membership of the Club.
2.9 Application for Membership shall be made on the appropriate form which when completed shall be signed by a Flag Officer. The form shall be passed to the Hon. Secretary along with the appropriate fee and the Hon. Secretary shall cause all application forms for membership to be prominently displayed in the Club premises for at least 7 clear days before the meeting of the Committee at which such application for membership shall be considered. During this period any objection to the election of the proposed member shall be sent the Hon. Secretary. The election of all classes of members is vested in the Committee and shall be a simple majority of those of the Committee. Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or its premises.
2.10 a) The Committee may refuse membership or, subject to Rule 2.16, remove it, only for good cause such as conduct of
character likely to bring the Club into disrepute. Appeal against refusal to elect may be made to the members in General Meeting.
b) The Honorary Secretary shall inform each candidate in writing of election or non-
c) Upon election, a candidate shall pay within one calendar month, such fee as shall be requested and as published in the Club Bye-
d) Every member shall furnish the Honorary Secretary with an up-
2.11 a) The rate of entrance fee, deposit 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 October I the year following. The current rate of entrance fee or deposit fee and subscription shall be prominently displayed in the club premises and published in the Club Bye-
b) Membership of the club shall be open to anyone interested in the sport of yachting on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may, however, be limited according to available facilities on a non-
c) Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating.
2.12 Members according to their categories shall pay an annual subscription of such sum as agreed at a General Meeting as set out in the Club Bye-
2.14 Every member on joining the Club impliedly undertakes to comply with these Rules and any Bye-
2.15 Any person approved by the Committee or by a Committee member duly authorised, and being currently a bona fide’ member of any Yacht/Sailing Club will be permitted access to the Club which shall be entitled to sell or supply to such person intoxicating liquor for consumption on the premises. Such approval shall specify between which dates (not being more than fourteen days apart) the said person may use the premises.
2.16 Affiliated Clubs or Schools. The Committee shall have the right to affiliate organisations or schools with sailing interests, the terms of the affiliation to be decided by the Committee.
2.17 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.
2.18 A member may introduce not more than two bona fide’ guests to the Club at any one time provided that both the guests and member concerned sign the Visitor’s Book immediately on arrival at the Club. A member signing quests in shall remain responsible for them whilst on Club premises. No guest shall be introduced on more than 6 occasions in any period of 12 months.
2.19 Any member desirous of retiring from the Club shall notify his/her intention to the Hon. Secretary on or before the 30th day of September or on or before the 31st day of March in writing, otherwise he/she shall be liable for the next year’s subscription.
2.20 A Club Officer or any other person, who has received the authority of two members of the Committee, may expel any person who has the right to the use of the Club premises only under Rules 2.17 and 2.19.
2.21 An up-
2.22 A list of applicants awaiting membership vacancies in order of application date shall be displayed on the notice board in the Club premises.
2.23 No member whose annual payment of subscription or any other monies due to the Club are in arrears may enter any Club event or regatta or vote at any meeting, or enjoy any of the facilities of the Club.
3.1 There shall be at least 3 Trustees of the Club who shall be appointed from time to time as necessary by a General Meeting of the Club from among members who are willing to be so appointed. A Trustee shall hold office at the pleasure of the Club or until he/she shall resign by notice in writing given to the Committee, or until a resolution removing him/her from office shall be passed at a General Meeting by a majority comprising two-
3.2 If by reason of any such death, resignation or removal it shall appear necessary to the Committee that a new Trustee or Trustees be appointed, or if the Committee shall deem it expedient to appoint an additional Trustee or Trustees, the Committee shall by a Resolution nominate the person or persons to be appointed the new Trustee or Trustees. For the purpose of giving effect to such nomination the Commodore and Committee are nominated as the persons to appoint new Trustees of the Club within the meaning of Section 36 of the Trustees Act 1925 and shall by deed duly appoint the person or persons so nominated by the Committee as the new Trustee or Trustees of the Club, and the provisions of the Trustees Act 1925 shall apply to any such appointment; and are charged with bringing this to the attention of a General Meeting of the Club. All costs and disbursements incidental to such appointment shall be borne by the Club.
3.3 The Trustees shall be entitled to attend meeting of the Committee. No Trustee shall be entitled to vote unless he/she is also an elected member of the Committee or an Officer of the Club.
3.4 The Trustees shall be circulated with the agenda and minutes of each Committee meeting, Hon. Treasurer’s report to the committee and the annual accounts and report. The Trustees will be notified in advance of any proposed major
expenditure, changes to the Club’s Constitution and Rules and Bye-
3.5 All 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 is necessary and practicable on trust for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee, a General Meeting shall appoint a new Trustee in his/her place, and shall as soon as possible thereafter take all lawful and practical steps to procure the vesting of all Club property into the names of the Trustees as constituted after the said appointment.
3.6 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 the 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 mortgagee shall be concerned to enquire whether any such direction has been given.
3.7 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 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.
3.8 (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club).
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.
4 OFFICERS and COMMITTEE
4.1 The Officers and Committee members shall be as follows: -
Officers Commodore, Vice-
Rear Commodore House, Rear Commodore Sail,
Honorary Secretary, Honorary Treasurer.
Committee to be defined and published in the Club Bye-
4.2 The Officers and Committee Members in Rule 4.1 shall be elected at the Annual General Meeting and shall serve a term of one year terminating at the close of the following Annual General Meeting and shall be eligible for re-
4.3 No candidate for election to any office shall be proposed unless the name of such candidate and his/her proposers shall have been received by the Hon. Secretary at least 4 weeks before the date of the Annual General Meeting together with the nomination paper.
4.4 A Commodore will normally serve as Commodore for a period of 2 consecutive years but this may be curtailed or extended in exceptional circumstances. The Committee shall provide to the members the reasons for exceptional circumstances.
4.5 Any paid-
4.6 Nominees for Commodore must have served on the Committee for a period of not less than 2 consecutive years.
4.7 Nominees for Vice Commodore must have served on the Committee for a period of not less than one year.
4.8 The Committee shall elect any 3 of its members as a Wine Committee.
4.9 There shall be such sub-
4.10 Both the Committee and sub-
4.11 No meeting of the Committee may proceed with its business until a quorum of its members is present. A quorum shall consist of 6 members.
4.12 The Committee shall have the power to co-
4.13 The Trustees and Immediate Past Commodore shall be ex-
5 ANNUAL ACCOUNTS AND STATEMENT
5.1 At the Annual General Meeting each year a member/s or other person/s who are suitably competent shall be appointed whose duty it shall be to examine the Accounts of the Club for the current year, and shall sign that those accounts have been found to be correct or otherwise and shall report on the accounts at the Annual General Meeting. Such person/s shall be eligible for re-
5.2 A copy of the examined Accounts shall be displayed in the Club one week prior to the Annual General Meeting at the latest and a copy shall be distributed to the members at the Annual General Meeting; individual copies shall be sent to members on request.
5.3 The examined account of Income and Expenditure and a Statement of the Capital Assets of each Section of the Club as at the 30th day of September shall be in the hands of the Hon. Treasurer by the 31st day of October.
6 GENERAL MEETINGS
6.1 There shall be an Annual General Meeting of the Club to be held in November each year or at the very latest the first week in December which shall be held at suitable place.
6.2 Notice of such a meeting shall be sent to all members stating its time and place. Such notice shall be sent to the members not less than 6 weeks before the date of the meeting.
6.3 In the event of more than one nomination for a particular post, or more nominations than seats on the Committee, ballot papers shall be sent to all members along with their Agenda not less than 2 weeks before the Annual General Meeting. The votes shall be collected at the meeting and counted by two duly appointed tellers. The result of any such ballot shall be announced during the meeting.
6.4 An Annual General Meeting shall not proceed with its business until a quorum of 20 fully paid-
6.5 Those entitled to vote at a General Meeting of the Club shall vote by a show of hands. Any motion to alter the Constitution must be carried by a two-
6.6 Minutes of a General Meeting shall be recorded and kept in the same manner as those of any other meeting.
6.7 The Committee may at any time, upon giving 14 days’ notice, 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 on the notice sent to the members.
6.8 The members shall have the power to call a General Meeting of the Club upon making written application to the Hon. Secretary with the signatures of not less than 10 paid-
6.9 In the event of a General Meeting being called in such circumstances of Rule 6.7 and Rule 6.8 the Hon. Secretary shall notify the members in the same manner as for an Annual General Meeting.
6.10 Such meetings in Rule 6.7 and 6.8 may not proceed with its business until not less than 20 paid-
7.1 The Club shall maintain appropriate insurance to cover the value of its property against loss or damage, and liability insurance to cover injury to persons for whom the Club may be responsible.
7.2 The Committee shall manage the affairs of the Club according to the Rules and shall apply the funds of the Club to the objects of the Club and shall make such bye-
7.3 A member of the Committee, and Hon. Secretary or Hon. Treasurer in transacting business for the Club shall disclose to
third parties that he/she is so acting.
7.4 In pursuance of the authority vested in the Committee by the 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 by the Hon. Secretary on behalf of the Club whenever the contract is of a duly authorised nature and entered into on behalf of the Club. The limit of a member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate unless the Committee has been authorised otherwise by a Meeting called under Rule 6.7 hereof.
7.5 All the properties, goods and chattels acquired on account or on behalf of the Club, and its sections, shall be the property of the Club, and shall be vested in the Trustees of the Club and shall be used only towards the promotion of the objects of the Club as set forth in these Rules and to be dealt with by them as the Committee shall from time to time direct by Resolution of which an entry in the Minutes Book shall be conclusive evidence.
7.6 The Committee may, when authorised thereto by a General Meeting, hold, purchase or take on Lease any land or buildings, and may sell, exchange, mortgage, lease or build upon the land, with power to alter and pull-
7.7 The Committee may, when authorised thereto by a General Meeting, obtain advances of money for the purposes of the Club upon security of bonds or agreements or promissory notes or certificates of indebtedness or mortgages of real property of the Club or bills of sale on all or any of the goods and chattels of the Club, upon such terms as to interest and as to time and manner of the repayment of the principal as the Committee may determine.
7.8 No money or property of the Club or any gain arising from the carrying on of the Club shall be applied otherwise than for the benefit of the Club or for a benevolent or charitable purpose to be nominated by a General Meeting.
7.9 All funds received on account or behalf of the Club or its Sections shall be banked in the name of the Club or its Sections and in such a manner as the Committee or its Finance sub-
7.10 All cheques drawn on the Club shall be signed by any two nominated Committee members, at least one of whom is a Club
Officer, provided that none of those signing are from the same family or related to each other in any way.
7.11 The financial year of the Club and its Sections shall be from the 1st day of October to the 30th day of September.
7.12 It shall be the responsibility of the Hon. Treasurer to keep a complete and accurate account of the Club’s finances.
8 THE HOUSE
8.1 The supply of intoxicating liquor and tobacco shall be under the sole control of the Wine Committee, who shall arrange for the purchase thereof on behalf of the Club and for the supply to members at such prices, as the Wine Committee shall from time to time determine.
8.2 The Wine Committee shall cause an account of all purchases and receipts to be kept and shall at every Annual General Meeting present a report and financial statement, for the preceding year. The Hon. Secretary shall furnish to the appropriate authorities all returns and accounts required by law, and the Wine Committee shall pay to him/her all monies required to be paid.
8.3 No Club member shall receive any monetary or other form of gain at the expense of the Club in the purchase or sale of liquor for and from the Club bar.
8.4 The Club premises will be open to members between the hours of 10.00 am and Midnight provided that the Committee shall have the power to extend, suspend or curtail these hours at its discretion.
8.5 The supply of intoxicating liquor in the Club shall be on each weekday not being Christmas Day or Good Friday from 11.00 am to 11.00 pm and on Sundays and Christmas Day and Good Friday from 12 Noon till 10.30 pm and on any day for such longer hours as the Licensing Act may permit. The Committee shall have the power to suspend or curtail these hours at their discretion.
9 MOORINGS and STORAGE
9.1 There shall be such moorings and boat storage available to members as shall be acquired by the Club. Those mooring. and storage areas shall be administered by the Mooring Secretary on behalf of the Club.
9.2 Application for the use of a Club mooring shall be made on the appropriate form which when completed shall be passed to the Hon. Secretary or the Mooring Secretary.
9.3 Application for the use of Club boat storage shall be made in the same way as for moorings, stating the dimensions and type of boat.
9.4 Applications will be dealt with by the Committee and applicants informed by letter of the result. Those allocated moorings or storage space will be asked to sign an agreement accepting responsibility for their boat at all times.
9.5 Payment for moorings and storage shall be laid down from time to time and published in the Club Bye-
9.6 Only Full and Family members may occupy or exercise any right or privilege of Club moorings.
10 WINDING UP
10.1 A proposition to cease the activities of the Club shall only be put to a General Meeting of the Club convened in accordance with Rule 6 and called not less than 6 months after an Annual General Meeting.
10.2 The proposition shall only be carried by three-
10.3 Should the meeting decide in favour of the proposition then it will elect two auditors who shall, within one calendar month of the meeting, put the resolution to all members in the form of a referendum.
10.4 Ballot papers shall be returned to the auditors within 14 days of the date of their circulation, ballot papers returned thereafter shall be void. The auditors shall be responsible for and certify the accuracy of the count, the eligibility of members and all other matters relating to the referendum. They shall notify the Committee of the result within 7 days of the completion of the ballot.
10.5 Subject to three-
10.6 The Trustees shall comply with the indicated instructions of the aforesaid General Meeting and shall convene a Public Meeting within 3 months of receipt of their instructions when they shall present proof of disposal of assets in compliance with such instructions.
11 CONSTITUTION and BYE-
11.1 The Club Constitution and Bye-
11.2 The Constitution of the Club may only be changed by a General Meeting of the Club on a proposal placed on the agenda for that meeting and circulated to members as laid down in Rule 6, except that the Committee shall have the power to make any minor amendments made necessary to comply with the requirements of the Courts regarding the Registration of the Club.
11.3 The Committee shall have the power to make such Bye-
11.4 Any matter arising from the Club Constitution or the Club Bye-
12.1 The Club disclaims all liabilities for any injury sustained by members or their guests whilst on Club premises or whilst using property owned, hired by or loaned to the Club.