STEWARTBY WATER SPORTS CLUB
LIMITED
CONSTITUTION

 

1. NAME AND OBJECTS

1. The name of the Club is Stewartby Water Sports Club Limited by guarantee (Registered
Company Number 1035387), herein after called the Club.
1.2 The objects of the Club are to promote and facilitate water sports for a wide range of
users.

2. MEMBERSHIP

2.1 The Club shall consist of Honorary Members, Ordinary Members, Student Members, and
Junior Members. Ordinary Members may be Individual or Family Members.
2.2 The total number of Members shall be determined by the Management Committee, which
will have the right to limit the total number of Ordinary Members, after consultation with
all the Sections of the Club.
2.3 Every candidate for membership shall submit a properly completed official application
form and must be nominated by one member and seconded by another member to both of
whom the candidate must be known and such application form shall specify to which
section of the Club the candidate wishes to belong.
2.3.1 Membership will not be granted until the appropriate fees and subscriptions have been
paid and cleared by the Club’s banking facilities.
2.3.2 No election or rejection of a candidate shall have effect until after it has received the
approval of the Management Committee and the Management Committee shall have the
unfettered discretion to elect or reject a candidate without giving reasons.
2.3.3 No person shall be admitted to membership or be admitted as candidates for membership
to any of the privileges of membership without an interval of at least two days between
their nomination or their application for membership and their admission; any person
becoming members without prior nomination or application may not be admitted to the
privileges of membership without an interval of at least two days between becoming
members and their admission.

3. OFFICERS

3.1 The Club shall have a President and Vice President(s), elected annually at the Annual
General Meeting and they shall become Honorary Members for their term of office.
3.2 The Officers of the Club shall be Chairman, Vice Chairman, Secretary and Treasurer all
of whom will be elected annually.

SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000

4. MANAGEMENT

The Management of the Club shall be entirely in the hands of the Management
Committee who shall have power to appoint sub-committees.

5. MANAGEMENT COMMITTEE

The Management Committee shall consist of the Officers of the Club elected at the
A.G.M. and a maximum of two persons elected from each Section at the Section AGM
and to be ratified at the AGM of the Club. Such ratification not to be unreasonably
withheld.

6. SECTIONS

6.1 Every Member shall belong to one or more of the Sections of the Club and a Section
shall be those Members of the Club who wish to engage in one of the principle sports or
recreations carried on by the Club.
6.2 Every Section shall have an A.G.M. not less than 42 days prior to the A.G.M. of the Club
and shall elect a Chairman, Secretary, Treasurer, and other Members deemed necessary.
Each Section will elect up to, two members to sit on the Management Committee, who
may or not be members of the Section committee.
6.3 The Club may, in A.G.M.s or Extraordinary General Meeting, create new Sections or
discontinue any existing Sections. A majority of 75% of the votes cast to be in favour of
the Proposal is necessary for the motion to be carried.
6.4 Sections shall have the right in their own discretion and subject to any arrangements
made within the Section to collect from Members of that Section any sum additional to
the subscription of the Club in accordance with arrangements properly made within the
Section and such money shall remain the property of the Section and shall not be subject
to any control or audit by the Club. Section accounts, which must incorporate a full
inventory of fixtures, fittings, boats and equipment, shall be audited and presented to the
Section A.G.M. and to the Management Committee.
6.5 A Section may request the Management Committee to provide equipment facilities or
staff for purposes special to that Section and without prejudice to the Management
Committee's unfettered discretion to agree to the provision of such equipment facility or
staff, require the Section to contribute the whole or part of the cost of provision of such
equipment facility or staff from its Section funds and any equipment facility provided by
the Management Committee shall thereafter be the property of the Club and any staff
shall be the servants of the Club.
6.6 Each Section shall ensure that its members observe and comply with the rules or
regulations of the Club or the directions of the Management Committee from time to time
in force.

7. PROCEEDINGS OF THE MANAGEMENT COMMITTEE

7.1 The Management Committee shall meet as required but on at least four occasions in each
year and the quorum for business shall be seven. The first full Management Committee
meeting, shall take place within 14 days of each AGM. In addition to all powers inherent
in its duty to manage the affairs of the Club, the Management Committee shall have
power to:- SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000
(i) Draw up rules of procedure governing conduct of business at its own meetings.
(ii) Make, alter and repeal bye-laws regulating:-
(iii) The use of the Clubhouse land and premises by Members.
(iv) The admission of guests to the Clubhouse, land and premises.
(v) The co-ordination of all Section and Club activities.
(vi) The dress and conduct of all persons on the premises of the Club.
(vii) The precautions, procedures and equipment required of Members individually or of the
Club as a whole for the safe use of the water.
7.2 Fix the amount of subscriptions and any other dues that it considers should be payable to
the Club by any persons being a Member or otherwise using the facilities of the Club.
7.3 Employ and dismiss servants of the Club.
7.4 Take any other steps necessary for the day to day running of the Club.

8. PROPERTY and INCOME

8.1 The property of the Club, apart from alcoholic liquor, shall be vested in Stewartby Water
Sports Club Limited a Company limited by guarantee and not having a share capital
incorporated under the Companies Act 1948 to 1967, and it shall be a condition of
membership of the Management Committee that each Member shall have caused his
name to be added to the registered Members of the said Stewartby Water Sports Club
Limited undertaking thereby a liability by way of guarantee amounting to £50.00.
8.2 The income and property of the Club shall be applied solely towards the promotion of its
objects as set forth in the Memorandum of Association and no portion thereof shall be
paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way
of profit, to members of the company and no Director of the Company shall be paid by
salary or fees, or receive any remuneration or other benefit in money or money’s worth
from the company for discharging his duties as such.
8.3 If upon winding up or dissolution there remains, after the satisfaction of all its debts and
liabilities, any property whatsoever, the same shall not be paid or distributed among the
members of the company, but shall be given or transferred to some other institution or
institutions having objects similar to the company

9. AN ANNUAL GENERAL MEETING OF THE CLUB

9.1 The Annual General Meeting of the Club shall be held in the month of April each year
(save where that is prevented by matters beyond the control of the Management
Committee and in which case should be held as soon as possible thereafter) but the
Management Committee shall have power to summon a General Meeting of the Club at
any time on reasonable notice (such notice will take into account the need to hold the
meeting , but shall not be less than twenty eight days notice).
9.2 The business at such meeting shall be the election of Officers and the ratification of
members who have been nominated by the Sections to serve on the Management
Committee. The approval of the Accounts and other items notified on the Agenda.
Proposals for election of any Officers shall be signed by a Proposer and Seconder and
endorsed with the signed consent of the person proposed to stand for election and to
undertake the liability as a Member of the Company known as Stewartby Water Sports
Club Limited if they should be elected. SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000
9.3 The time table of the A.G.M. shall be: -
(i) Notification of an AGM shall not be less than 56 days
(ii) All nominations and Proposals and items for the Agenda shall be delivered to the
Secretary not later than 28 days before the AGM.
(iii) The Secretary shall send a copy of the Agenda for the meeting together with the
Nominations and an official Proxy Form to every Ordinary Member at least 14 days prior
to the AGM.
(iv) All Proxy votes must be delivered to the Secretary not later than 7 days prior to the
AGM.
9.4 At any A.G.M. the Chairman shall have the unfettered discretion to take any other
business that may be proposed to the meeting and a right to adjourn or close the meeting
at his discretion.

10. EXTRAORDINARY GENERAL MEETINGS

The Management Committee shall at the request in writing of thirty ordinary members or
two fifths of the ordinary members of the Club (which ever shall be the lesser number)
such notice stating the business for which it is required to convene an Extraordinary
General Meeting. The Management Committee will on receipt of such request notify and
call such meeting within 28 days from the date of receipt of the request.

11. THE PERSONS ENTITLED TO ATTEND AND TO VOTE AT A GENERAL MEETING OF THE CLUB

(i) Shall be Ordinary Members and Officers as previously defined in this Constitution and
the Members of the Management Committee shall be entitled to attend and vote at a
General Meeting.
(ii) For the avoidance of doubt, family members will be entitled to just one vote at a General
Meeting.
(iii) Every Member shall have one vote. Members absent from the meeting may vote by
proxy using the Club’s official Proxy Form. The proxy form shall be returned to the
Secretary as per 9.3. The Proxy Form must include the option of a “yes” or “no” vote to
each proposal
(iv) The quorum at the General Meeting shall be thirty Members present in person or by
proxy.

12. AT ALL GENERAL MEETINGS THE CHAIR

The Senior Officer of the Club present, or if no Officer be present by an Ordinary
Member chosen by the Meeting. Every question (unless otherwise expressly provided by
these rules) will be decided by a majority of votes.

13. AT ANY MEETING

(Unless a poll is demanded by ten Members) a declaration by the Chairman that a
resolution has been carried by a particular majority shall be conclusive, and the numbers
voted for and against shall be recorded in the minutes of the meeting.

14. IF A POLL BE DEMANDED

Where ten members request a Poll it shall be taken in such a manner and at such time and
place and either immediately or after an adjournment not exceeding seven days as the
Chairman of the Meeting directs; and the result of the poll as declared by the Chairman
SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000
shall be deemed to be the resolution of the Meeting at which the poll was demanded, and
the numbers voted for and against shall be recorded in the minutes of the meeting.

15. THE PURCHASE OF INTOXICATING LIQUOR

The purchase of intoxicating liquor for the supply by the Club shall be in the absolute
discretion of the Management Committee. All stocks of alcoholic liquor shall be
acquired and supplied on behalf of the Members.

16. THE PERMITTED HOURS FOR THE SUPPLY OF INTOXICATING LIQUOR

Shall be from 10:30 am to 11:00 pm Monday to Saturday and 12 noon to 3:00 pm and
5:30 pm to 9:00 pm on Sundays (subject to any Special Licence that may be obtained by
the Club from time to time).
On Christmas Day and Good Friday hours permitted by the Licensing Justices for the
area shall apply.
The opening hours within the stated time frames shall be at the discretion of the
Management Committee.

17. COMMISSION ON INTOXICATING LIQUOR

No Member shall at any time be entitled to receive at the expense of the Club or any
Members thereof any commission, percentage or similar payment on or with reference to
purchases of intoxicating liquor by the Club; nor shall any person directly or indirectly
derive benefit from the supply of intoxicating liquor by or on behalf of the Club to
Members or guests apart also from any benefit accruing to the Club as a whole and apart
from any benefit which a person derives indirectly by reason of the supply giving rise to
or contributing to a general gain to the Club..

18. COMPLIANCE WITH RULES AND REGULATIONS

Every Member on joining the Club undertakes to comply with all the Rules and Bye-
Laws of the Club and any refusal or neglect to do so or any other conduct unworthy of a
Member shall render such Member liable to expulsion.

19. EXPULSION

Where five Members of the Club send notice in writing to the Club Secretary signed by
all five Members or more stating the circumstances in which a Member should be
expelled then the Secretary shall give to such Member identified seven days notice of a
meeting of the Management Committee and invite the Member to be present at such
meeting so that may have the opportunity of explaining or withdrawing from the Club. A
Management Committee in accordance with the notice given to the Member shall be
called and be empowered to decide whether to expel the Member or not. In order to
expel the Member it is necessary for a two thirds majority of the Members of the
Management Committee to vote for the expulsion of that Member. Any Member so
expelled shall have the right of appeal to an Extraordinary General Meeting to be
summoned within twenty-eight days of his expulsion when a majority of two thirds of
those present shall be required to confirm the expulsion. If the expulsion is not
confirmed at the Extraordinary General Meeting then the Member shall be reinstated.
SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000

20. CONSEQUENCCES OF EXPULSION

Any Member expelled in accordance with the rules or otherwise ceasing to be a Member
of the Club shall forfeit all such rights to or claim upon the Club or its property or funds
or the subscription they have paid or any claim that they would otherwise have by reason
of membership.

21. IF ANY MEMBER SHALL BE ADJUDGED A BANKRUPT

Or shall make any composition or arrangement with his creditors under the provisions of
the Insolvency Act 1986 (as amended from time to time), shall thereupon cease to be a
Member of the Club and shall forfeit all rights in and claims upon the Club and its
property but upon application being made by such Member to the Management
Committee stating the cause of such adjudication in Bankruptcy or the release for making
any composition arrangements as the case may be, such member may be re-admitted and
restored to his former rights by the Management Committee on a two thirds majority.

22. THE SUBSCRIPTIONS DUE FROM MEMBERS

Of any class of the Club shall be paid by the 14th day of February in each year and any
Member failing to pay any subscription due to the Club by the said day shall thereby be
deemed to have tendered his resignation from the Club and shall thereupon cease to be a
Member of the Club or to enjoy any of the privileges attaching to the membership. The
financial year of the Club shall run from the 1st April until the 31st March.

23. ANY MEMBER SHALL BE ENTITLED TO INTRODUCE GUESTS

To the Club providing that no person whose application for membership has been
rejected or who has been expelled from the Club shall be introduced as a guest. No guest
shall be permitted to partake in the sporting activities of the Club on more than three
occasions in any twelve month period. The Member introducing the guest shall enter the
name and address of the guest together with his own name in a book which shall be kept
at the Clubhouse. No guest shall be permitted to purchase intoxicating liquor in the Club.

24. THE MANAGEMENT COMMITTEE MAY INVITE HONORARY MEMBERS

Such persons as they shall in their unfettered discretion think fit. Such invitations not to
be effective until two full days have elapsed from the Management Committee notifying
the Honorary Member of his election. Ordinary Members may submit to the
Management Committee names suggested for invitations and such Honorary Members
shall not be required to pay subscriptions and shall have such privileges as the
Management Committee shall from time to time provide subject only to the Management
Committee obtaining the approval of the Club at each A.G.M. of the names of those
persons who at that time by invitation enjoying privileges of Honorary Membership and
to the A.G.M. approving the terms on which such Honorary Members enjoy their
privileges. The total number of Honorary Members shall at no time exceed thirty.
Honorary Members shall have no rights to vote in General Meetings but otherwise shall
be entitled to the full privileges of membership.

25. THESE RULES MAY BE ALTERED OR REPEALED

Or new rules may be made by a resolution of the A.G.M. or at an Extra-Ordinary General
Meeting duly summoned for the purpose.

26. SUBJECT TO ANY RESTRICTIONS

SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000
Imposed from time to time by the Management Committee alcoholic liquor may be sold
for consumption on the premises to persons participating or accompanying persons
participating in a regatta, sailing match or competition on that day.
In addition the facilities may be used for the sale and consumption of alcoholic liquor at
private parties the maximum permitted by law to be 26 occasions per annum over and
above Section or Club sponsored events

27. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS

Shall be permitted to supply, purchase or consume intoxicating liquor at the Club
premises.
Alterations have again been marked in ITALICS as far as possible.
SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000

BYE-LAWS

1 Only identifiable members will be served at the Bar. Members must be prepared
to produce membership cards. Bar staff have authority to refuse service.
2. All guests must be signed in the Bar Visitors Book by a member.
3. Parents are responsible for the actions and dress of their children.
4. No clubhouse property including bottles, glasses, crockery, is to be removed from
clubhouse or terrace
5. Animals are not allowed in the clubhouse, with the exception of guide dogs. Dogs
must be kept on leads while on club premises and are expected not to foul the
Club premises or any part of them.
6. Members wearing wet or dirty clothing are expected not to use the upholstered
chairs or the dry lounge bar area.
7. Clothing and other member's property is not to be left in the clubhouse or
changing rooms at any time.
8. Boats and trailers are not to be parked in the clubhouse car park.
9. Roller skates etc., are not to be used in the clubhouse.
10. Ball games are not to be played on the clubhouse terrace.
11. Table tennis and darts equipment is not for use at weekends when children are
likely to be in the clubhouse. Equipment is to be returned and put away by the
players after use.
12. Camping is permitted only by prior arrangement with an Officer or Member of the
Management Committee and in association with weekend watersports activities.
Campers' names are to be recorded in the office diary. Tents only are permitted
on the grass to the north side of club road; vehicles, trailers and caravans are not
to be taken on this area. All caravans and motor-caravans are to use land south of
club road. Use of clubhouse facilities is restricted to toilets and showers etc.
There are no washing-up facilities.
(This bye law is not intended to restrict the use of overnight shelters by fishing
members of the Angling Section).
13. Clubhouse facilities required for meetings and special activities are to be booked
with Secretary in advance together with a deposit

SWSC Constitution & Bye-Laws - Lasted updated for AGM Resolutions April 2000