Manvers Waterfront Boat Club.
A sporting and recreational community club and partnership.
Constitution and rules.
Version 10 as adopted February 22nd. 2010.
1. Name and Location.
i) This constitution refers to the “On site club” only
ii) The on-site club shall be known as the Manvers Waterfront Boat Club. (“THE CLUB”).
iii) The club shall be continuously affiliated to the British Canoe Union/Canoe England.
iv) The club will be located in the Boat House, Station Road, Manvers Way, Wath-upon-Dearne, Rotherham, South Yorkshire, S63 7DQ. (“THE BOAT HOUSE”) that is situated on the Eastern bank of Manvers Lake.
v) The management of THE BOAT HOUSE is under the operation and control of the MANVERS LAKE MANAGEMENT COMMITTEE (“THE MLMC”), a sub-committee of the Yorkshire Regional Development Team (YRDT) of Canoe England (CE).
2. Objects
i) The primary object of THE CLUB is to promote the sport and recreation of canoeing and Paddlesport in all its forms. This primary object will always be the primary object of THE CLUB and shall never be subsidiary to, or subservient to, any other object, section or faction of THE CLUB.
ii) All full primary object paddling members are urged to be members of Canoe England.
iii) The subsidiary object(s) of THE CLUB shall be to promote any sport or recreation that is considered compatible and complimentary to the primary object of THE CLUB.
iv) All full subsidiary section members of THE CLUB shall be members of their relevant National Governing Body or other relevant organisation.
v) THE CLUB shall operate at THE BOAT HOUSE in accordance with THE MLMC’s standing instructions for site usage.
3. Membership
i) Qualification: Any person who undertakes to behave in the interests of either the primary or subsidiary objectives of THE CLUB shall be eligible for membership.
ii) Classes of membership
a) Full members - aged 18 years and over
b) Family members - a partner and/or children under 16 of the full
member.
c) Junior members - under the age of 18
d) Guest member - any person who is using THE CLUB facilities
for a period of up to 4 visits per annum.
iii) Election: Candidates or associate organisations for election to membership shall make a written application to the Secretary of THE CLUB on the form provided by THE CLUB. The power of election shall rest with the General Committee, who may refuse to elect to membership any applicant. Recording the reason for the refusal in their General Committee minutes. There shall be an appeal procedure (except in Section 3(iv) below). The process shall be as defined in Section 6 to this constitution.
iv) Restriction: An applicant who has been expelled from, or refused membership of the
BCU/CE, or other relevant national governing body shall not be eligible for membership of THE CLUB or the use of THE CLUB’s facilities without the expressed permission of the BCU/CE and in conjunction with the NGB imposing the expulsion. An expelled member shall have a right to appeal within a set time frame or the ability to re-apply for membership to the club after a period of time agreed at the time of expulsion, this will be subject to review by the BCU/CE at their discretion. Such right of appeal will be heard by the club only after any reinstatement or successful appeal by the applicant has been heard by their relevant national governing body. This appeal process shall be as defined in Section 6 to this constitution.
v) Acceptance: The General Committee may at its sole discretion, decline to accept the renewal of membership from any person or associate organisation recording it’s reasons in the General Committee minutes. There shall be an appeal procedure against this General Committee decision. The process shall be as defined in Section 6 to this constitution.
4. Entrance Fee
i) On first application to join THE CLUB, a prescribed entrance fee shall be payable. Any person who has been a prior member of THE CLUB whose membership has lapsed for more than 12 calendar months and subsequently rejoins THE CLUB shall be required to pay the prescribed Entrance Fee. The amount of the prescribed entrance fee shall be as determined by the General Committee at the first meeting immediately following the Annual General Meeting and posted in the form of a tariff on a site notice board.
ii) Each applicant for membership shall, if his/her application has been accepted, pay the type and amount of fees as shall previously been determined by the General Committee at the first meeting immediately following the Annual General Meeting, and posted in the form of a tariff on a site notice board.
iii) Any applicant who would be in financial hardship as the result of the payment of any fees to THE CLUB may request the General Committee for a waiver of all or part of any fees payable to THE CLUB in respect of this applicant and/or their family. The decision of the General Committee shall be notified in writing to the applicant and a copy retained by Hon. Secretary for audit purposes. The privacy of the application, whether successful or otherwise, shall be preserved.
iv) Any fees are to be paid, prior to using the lake, activity centre or pool facilities.
5. Subscription
i) The rate of subscription shall be determined by the members in Annual General Meeting and shall be due on election and thereafter on or before the anniversary of the member’s election. The subscription rate for each class of member shall be determined and published by the General Committee.
ii) Potential new club members shall have guest member status for a period of up to 4 visits to the club in any one year. These 4 visits run from the date of their first visit to the club. Thereafter they shall be required to join the club in a relevant class of membership and pay the prescribed entrance fee.
iii) Associate organisation rate shall be determined by the General Committee dependent upon the size of that organisation and their usage of the lake and boat house facilities.
iv) Due to a clause in THE CLUB’s public liability insurance, ANY member of THE CLUB shall not be allowed to use the lake until their annual club membership has been paid in full.
6. Cessation of Membership and appeals procedure.
i) Any member may resign from THE CLUB giving one month’s clear notice in writing to the Hon. Secretary
ii) Any member violating any of the rules or regulations of THE CLUB or being adjudged guilty of unsatisfactory conduct may, by resolution of the General Committee, be suspended or expelled.
iii) The General Committee shall appoint a 1st appeals committee and ask 3 of their member to withdraw from the meeting of the General Committee hearing the alleged violation. These three General Committee members shall hear an appeal by the violating member should one be so requested by that member in writing to the Hon. Secretary within 30 days after the General Committee meeting hearing the alleged violation. Any appeal application received by the Hon. Secretary on or after 30 days, or not in writing, shall be deemed unsuccessful, and the member will have a 2nd Appeal under section 6(iv) below.
iv) Any member so suspended or expelled may make a 2nd appeal to a Special General Meeting of THE CLUB. A request under this clause must be made to the Hon. Secretary within 30 days of the notification from the Hon. Secretary of the determination of their 1st appeal. This request must be accompanied by the names of 20%+1 voting members of THE CLUB and a non returnable fee to cover the costs of calling the Special General Meeting shall be paid by the member requesting the appeal in advance of the Hon Secretary calling the Special General Meeting but may be waived in exceptional circumstances only by a minuted resolution of the General Committee. Any fees paid by the member requesting the appeal shall have those fees refunded in full by THE CLUB should their appeal be upheld.
v) A member shall be deemed to have resigned from THE CLUB if, after due notice, they have not paid their membership fee within 42 days of their annual subscription which became due on the anniversary of their joining. They may rejoin at any time during the year by payment of their membership fee. This will be backdated to the anniversary of membership unless 12 months have elapsed since their previous membership, where Section 4(i) above shall apply.
7. Qualification of holding office
i) Only members entitled to vote are eligible to hold office, except that a Junior Section Chairperson may be elected by the junior members of THE CLUB.
ii) Any member under the age of 16 years shall not be eligible for election to an office on the General Committee of THE CLUB except as the chairperson of a Junior Section in (i) above.
iii) Any member who is aged 16 or over shall not be eligible for election to an office of the Junior Section Committee of THE CLUB
iv) Any member who derives any income from the sale or manufacture of equipment or accessories or any similar such items or services whether related to the primary or subsidiary objects of THE CLUB or who is disqualified as an amateur under the rules of the British Canoe Union, or any other similar National Governing Body will not be eligible for election to the General Committee of THE CLUB. However, such a person may be co-opted to the General Committee without any voting rights.
v) Any member of THE MLMC will not be eligible for election to the General Committee or Section Committee of THE CLUB, but such a person may be co-opted without voting rights, unless that person is a full member and entitled to vote in their own right.
8. General Committee – Composition.
i) The General Committee shall conduct the affairs of THE CLUB as a whole and shall consist of a Chairperson, Hon. Secretary, Hon. Treasurer, Junior Section Chairperson, plus 4 ordinary members. Additionally, the General Committee may co-opt no more than 3 members of THE CLUB to its number.
ii) Nominations for the position of Chairperson, Hon. Secretary, Hon Treasurer and other officers shall be put forward in the form of a motion under the terms of Section 12.
iii) The General Committee shall elect a Vice-Chairperson from among its number
iv) The term of office shall be for two years, and members shall be eligible for re-election.
v) The members of the General Committee shall within 2 years of the formation of THE CLUB shall decide which of their number shall serve a shorter period such that approximately one half of the general committee shall retire at the Annual General Meeting. This to ensure continuity.
vi) The General Committee may elect any one person who has served THE CLUB with distinction as THE CLUB’s Honorary President.
vii) The General Committee may elect any two persons who have served THE CLUB with distinction as Vice President(s).
9. Junior Section committee
i) The Junior Section committee shall conduct the affairs of their section of THE CLUB and shall consist of a Chairperson, Secretary, Treasurer, and up to 4 ordinary committee members. The General Committee may appoint one of its committee members to assist and advise the Section without voting rights.
ii) Nominations for the position of Chairperson, Secretary, Treasurer and other officers shall be put forward in the form of a motion under the terms of Section 12.
iii) The Junior Section committee shall elect a Vice-Chairperson from among its number
iv) The term of office shall be for one year, and members shall be eligible for re-election.
10. Duties of the Officers of the General Committee
i) Chairperson: The Chairperson will preside at all General Meetings of THE CLUB and at all meetings of the General Committee. They shall be responsible for guiding the activities of THE CLUB in accordance with its rules and general policy as expressed by the majority of the members and those of THE BOAT HOUSE, the MLMC and BCU/CE. The Chairperson shall represent or arrange for the representation of THE CLUB at BCU/CE regional level and at meetings of other organisations as the general committee considers appropriate. The chairperson shall be an ex-officio member of any other committee or section of THE CLUB. The Chairperson or their representative shall represent THE CLUB on THE MLMC.
ii) Junior Chairperson: The Junior Chairperson will preside at all meetings of THE CLUB’s Junior Section Committee. The Junior Chairperson will represent or arrange for the representation of the Junior Section at General Committee meetings. They shall be responsible for guiding the activities of the Junior Section in accordance with its rules and general policy as expressed by the majority of the junior members.
iii) Hon. Secretary, and Junior Secretary: The Hon Secretary and Junior Secretary will be responsible to their respective committees for the organisation of their meetings and the recording of minutes relating to such meetings and all correspondence relating to the general business of their committees. The Hon Secretary will be additionally responsible for the minutes of the General meetings and correspondence relating to THE CLUB.
iv) Assistant Secretary, Membership secretary and Minutes Secretary. The General committee may appoint within its ranks a person to each or all of these posts to assist the Hon. Secretary in their duties.
v) Hon Treasurer: The Hon Treasurer will be responsible for the collection of all monies, including subscriptions and all funding applications, and shall keep such books of account as required by the Annual General Meeting. The Hon Treasurer shall prepare the accounts for annual audit by an independent auditor, and shall produce at the Annual General Meeting balance sheets showing the financial state of the General funds accompanied by the Auditor’s report. Cheques will have two signatures, who are not members of the same household. The Hon Treasurer must make the committee aware of any existing or potential financial or cash flow problems. The Hon Treasurer shall be responsible for producing an annual budget for the forthcoming year and to produce a rolling financial business plan for 5 years into the future. The Hon. Treasurer shall or their representative represent THE CLUB as the 2nd club representative of THE MLMC.
vi) Junior Section Treasurer: The Junior Section Treasurer shall be responsible for such books of account as required by the Junior Section. The Junior Section Treasurer shall make any funding applications on behalf of that Section with reference to the Hon Treasurer before any applications are submitted to the fund holder. The Junior Section Treasurer shall prepare the Junior Section accounts for annual audit by the Hon Treasurer and shall produce at the Annual General Meeting balance sheets showing the financial state of Junior Section funds accompanied by the Hon Treasurer’s audit report. Junior Section Committee’s may have their own bank account if sanctioned by the General Committee. Cheques will have two signatures, who are not members of the same household. One of the signatories must be the Hon. Treasurer, and the other signatory shall be the General Committee co-opt member on the Junior Section. The Junior Section Treasurer must make the Hon Treasurer and Junior Section committee aware of any existing or potential financial or cash flow problems.
vii) Duties of other officers: Officers may be elected to be responsible for the following duties, and several roles may be combined by the same officer:-
1. Meets Organiser: The meets organiser shall promote and arrange a comprehensive annual programme of canoeing and other events for THE CLUB.
2. Welfare officer. The Welfare officer shall be the responsible person on the General Committee who shall ensure that policies, records, and CRB checks are kept up to date and implemented.
3. Top Club/Club Mark manager. The Top Club/ Club Mark manager shall be responsible for putting forward a programme to the General Committee for THE CLUB to acquire TC/CM status. They will act as first contact with the NGB and shall be responsible for updating THE CLUB as and when required on TC/CM matters. The TC/CM Manager shall be the designated person to record and keep for a minimum of 3 years, or their term of office, any reportable incident or accident together with all relevant material.
4. Volunteer co-ordinator: The volunteer co-ordinator shall liaise with and help encourage volunteers to help THE CLUB in all its activities.
5. Advertising and PR officer: The advertising and PR officer for THE CLUB shall be responsible for regular liaison with any interested or relevant party and liaise with the MLMC to promote the interests of THE CLUB. The advertising and PR officer for THE CLUB shall produce a regular member’s bulletin and advertise events and activities of THE CLUB in order to increase membership.
6. Pool session co-ordinator: If THE CLUB organises a Swimming pool session or sessions. The General committee shall appoint a co-ordinator who will be the responsible person for all matters relating to said pool session or sessions.
7. Head/senior Coach: The Head/senior coach of the club shall be responsible for all club coaching activities and for putting forward a programme of coaching and continuous improvement for THE CLUB’s coaches. To do his best to ensure that the latest NGB coaching information is disseminated and to ensure that CLUB sessions are adequately staffed by suitably qualified persons.
8. Other Officers; May be elected to any such posts as may be determined by the general committee.
11. General Committee – responsibilities.
i) The General Committee is responsible for the general conduct of THE CLUB’s business and activities.
ii) The Chairperson and Hon Treasurer shall represent THE CLUB on the MLMC.
iii) The General Committee shall meet at regular intervals with a minimum of two meetings during the year, as required by the business to be transacted.
iv) At all meetings the Chairperson will preside or, in their absence, the committee present shall elect a chairperson for the meeting.
v) Special meetings of the committee shall be called by the Hon. Secretary upon receiving an instruction from the Chairperson,
vi) Non-elected members of THE CLUB may attend the meeting by invitation only of the Chairperson, Hon Secretary and/or Hon. Treasurer.
vii) Non-elected members attending a committee meeting shall not have any voting rights at such meetings.
viii) Motions for discussion by non-committee members shall be lodged with the Hon. Secretary at least 7 days preceding the committee meeting. The Hon. Secretary will advise the member concerned of the outcome of the motion, as soon as reasonably practicable, after the meeting.
ix) A quorum shall consist of not less than 40%+1 of the General committee voting members.
x) In the case of a casual vacancy among the committee, the General Committee shall appoint another eligible person to act until the next Annual General Meeting.
12. Annual General Meetings
i) An Annual General Meeting (AGM) shall be held by the end of February of each year. There shall be laid before the meeting a statement of accounts made up to the last day of the month of January immediately preceding.
ii) An Extraordinary Annual General Meeting shall be called on the instructions of a simple majority of the General Committee, or on a requisition signed by not less than 50%+1 of THE CLUB members entitled to vote
iii) Not less than 30 days clear notice shall be given specifying to all members of THE CLUB the date and time of the AGM.
iv) Motions for discussion at the AGM which do not originate from within the General Committee, shall be lodged with the Hon. Secretary at least 21 days preceding the date of an AGM, and be signed by 2 members of THE CLUB entitled to vote.
v) Not less than 14 days clear notice shall be given specifying to all members of THE CLUB entitled to vote at the AGM about the business of the AGM, including all the details of motions to be put to the vote at the AGM, and shall include a postal, proxy or email vote form for each motion to be put to the vote at the AGM.
vi) All completed postal, proxy or email vote forms for inclusion on any vote count of any motion must be received by the Hon. Secretary prior to the commencement of the AGM, otherwise the member casting the vote shall attend the AGM to have their vote recorded.
vii) General Committee or Junior Section committee, voting shall be by secret ballot and shall include all votes received in accordance with the relevant paragraphs of section 12 of this constitution.
viii) Otherwise, at the AGM, a motion put to the vote of the Meeting shall be decided by a show of hands and shall include all votes received in accordance with the relevant paragraphs of section 12 of this constitution.
ix) There shall be no casting vote. Any vote not carried out by a simple majority shall be deemed to be lost. Only persons who are fully “paid up” members on the 1st January will be eligible to vote.
x) At all AGMs the Chairperson will preside, or, in their absence, a Chairperson for the meeting will be elected by the voting members present.
xi) At all AGMs not less than 20%+1 of the Full Members of THE CLUB shall constitute a quorum.
xii) Absences of Quorum: If after half an hour from the time appointment for the commencement of the Meeting a quorum is not present, the meeting, if called at the request of the members shall be dissolved.
xiii) Accidental Omission: Accidental omission to give notice of a meeting to, or the non-receipt of notice of, a meeting or of any postal or email vote form by any member shall not invalidate the proceedings of a meeting.
13. Liability
i) The General Committee shall manage the affairs of THE CLUB. Financial or legal liability incurred in the rightful exercise of their office shall not, however, be the personal liability of the members of the General Committee, but shall be the responsibility of the members of THE CLUB as a whole.
ii) All members or other persons who attend any CLUB events, pool sessions, lake usage, club tours, meets or social events do so at their own risk and neither THE CLUB nor its officers can accept any liability for an loss or injury of any kind sustained at the event, pool session, lake, or boathouse or whilst THE CLUB is on an organised tour, meet or any other activity.
iii) The sport of canoeing and kayaking and those of any other sections of THE CLUB that use the lake and/or activity centre are deemed to have “Assumed the risk relative to their sport”. Trips and events will be arranged for members by members who have the appropriate experience or qualifications. But no liability is assumed, and all members or other persons take part at their own risk. Events or trips may be modified or cancelled to suite the prevailing weather conditions or the group’s ability to take part in the activity.
iv) Canoe and kayaking club members are urged to join the British Canoe Union/Canoe England.
14. Voting
i) Only members entitled and paid up on January 1st may vote at Annual or Special General Meetings.
15. Alteration of constitution
i) This constitution shall not be altered, amended or rescinded except by an Annual General meeting of THE CLUB.
ii) A resolution to give effect to a change to the constitution of THE CLUB must be passed by 75% of the member votes cast on any particular motion.
16. Auditor
i) Every Annual General meeting shall appoint an Auditor who shall, at least once in every year, examine the accounts of THE CLUB, and ascertain the correctness of the income and expenditure, and of the balance sheet.
17. Distribution of profits
i) In no circumstances can any profit be distributed to any member(s) of THE CLUB.
ii) Any profits earned shall be contributed to THE CLUB’S General Fund.
18. Termination
i) THE CLUB believes that termination is not in the best interest of the local community, nor is it in the best interest of the sport of canoeing in the Yorkshire region or the UK.
ii) In the event that THE CLUB should for any reason approach a point where it would cease to operate, a Special General Meeting shall be convened for the transfer of the management of the club to be passed immediately to the British Canoe Union (BCU) Yorkshire Regional Development Team (YRDT). Members for the YRDT will be invited to attend the Special General Meeting without voting rights.
iii) If the motion to terminate THE CLUB is carried, the YRDT will provide interim management of THE CLUB and its constitution for a period of up to 12 months, until THE CLUB is able once more to operate without assistance or THE CLUB shall be liquidated.
iv) In any event the assets of THE CLUB shall remain in the Dearne Valley area of South Yorkshire and shall either form the basis of a NEW CLUB with similar community and sporting aims, or, if THE CLUB is beyond resurrection the assets shall be transferred to any pre-existing like minded organisation that operates within the Dearne Valley general area.
19. Rules
i) The General Committee shall be empowered to draw up rules for the safe conduct of canoeing and other lake surface and sub surface activities and are to include the following:-
ii) No junior member may boat or use the lake alone except with the express permission of the General Committee who shall record that members name in their minutes and post the approved name on a notice board visible to all club members.
iii) No junior member may take a boat from the Boathouse unless a responsible adult is present
iv) All boating members using the lake surface must wear buoyancy aids and canoeists are recommended to wear a Helmet, except where that member is engaged in sprint racing or exempted at the express permission of their coach or an appropriately qualified event organiser.
v) Junior members must not paddle without a competent adult present until they have passed their Foundation Safety and Rescue test or BCU 2 Star test.
vi) All boating members using the lake surface must be able to swim 50m in a swimming pool in light clothing without buoyancy aids
vii) All junior members and siblings MUST be supervised at ALL times preferably by a parent or guardian.
viii) All members must record their attendance by “signing in” and “signing out” of the register at THE BOAT HOUSE.
ix) All instructors or helpers or coaches or lake users or volunteers will adhere to THE CLUB’s Child Protection and Vulnerable Adult policy. They shall not work alone with any Junior members unless an enhanced CRB certificate is held by them.
x) When boaters use the lake at night an all round white light shall be shown.
Any matter not provided for in this Constitution, or any question over the interpretation of it shall be dealt with by the General Committee whose decision shall stand unless a motion for change is upheld in accordance with Section 12 above.
ANGLING RULES FOR MEMBERS AND VISITORS
1. All cars must be parked in the car park and display current parking permits.
2. Disabled anglers may park at the lake side on the stoned area between the slipway and footbridge to the right hand side.
3. Under no circumstances should any wildlife or bankside vegetation be interfered with.
4. Angling from the slipway area should be avoided due to paddlers and triathletes requiring access at all times.
5. All anglers must be in possession of a current Environment Agency license prior to fishing.
6. All fish must be returned alive to the water or taken away from the lake, with the exception of live or dead baits, to do so may give rise to a civil or criminal prosecution under Schedule 1, Section 2 of the Theft Act.
7. All fishing must be by rod and line, with a maximum of three rods allowed per person, providing the angler possesses the required number of Environment Agency licences.
8. All rods in use must be a maximum of 3m apart over the outer two rods.
9. Unattended rod must be removed from the water.
10. Any person fishing a swim must remove any litter before commencing to fish and take it from the lakeside to a bin or home upon leaving.
11. No angler may carry any gun or knife which may be classed as an offensive weapon.
12. Due to the variance in the bankside conditions all anglers must be in possession of a landing net.
13. Any keepnet must be a minimum of 2m long x 1.2m in circumference and be of suitable mesh.
14. Carp and Pike must not be retained in keepnets.
15. Carp and Pike anglers must be in possession of suitable and fit for purpose unhooking equipment and un-hooking mat.
16. Carp and pike anglers must use a minimum of 12lb breaking strain line.
17. Pike anglers must use suitable wire traces for bait and lure fishing.
18. Live bait and dead bait fishing is allowed between October 1st and March 31st, all live baits must have been caught on the lake and the maximum size allowed is 150mm and any unused baits must be returned to the water.
19. Lure fishing is allowed at other times.
BOAT FISHING
Only registered boat owners are allowed to take a boat on the lake, to become a registered user the appropriate membership application form must be completed and returned complete with a copy of your marine insurance certificate providing a minimum of £2m third party public liability.
The safety of all water users is of paramount importance therefore the following must be strictly observed:
1. No boat must cross or hinder swimmers using the lake.
2. All boats after launching on the slipway should vacate the vicinity quickly to avoid congestion.
3. After a launch the boat and trailer should be retuned to the car park and parked with the members parking permit clearly on display.
4. Boats must not be overloaded with anglers.
5. Petrol outboard motors are not allowed at all on the lake.
6. Boats must not tie up to nor do anglers alight onto either of the islands.
7. An approved buoyancy aid must be worn by all occupants at all times.
End
