10 Proceedings of the Committee
12 Procedure at General Meetings
13 New Rules, Amendments and Alterations
16 Terms of Lease and General Regulations
Wigan Sailing Club was founded in 1968. Since that time it has provided the people of Wigan with the opportunity to take part in sailing and associated watersports.
Wigan Sailing Club strives to:
· Be the “friendly club in the heart of Wigan”
· Promote the sport of sailing for all, irrespective of age, race, creed, gender, sexual orientation or ability.
· Encourage competitive dinghy racing within an atmosphere of mutual respect and friendship.
· Provide facilities which will enable sailing and associated activities to be enjoyed in safety and comfort.
· Support water safety.
· Encourage sailors to find life-long pleasure in the sport.
· Respect, preserve and enhance the environment of Scotman’s Flash.
· Promote such social activities which enhance the quality of life of the members and enrich the life of the club.
· Make its facilities available to other groups with the aim of enriching the local and wider communities.
1.1 The name of the club is “Wigan Sailing Club” and the burgee shall be French navy and white.
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1.2 The objectives of the Club shall be:
a. To promote and facilitate the sport of sailing.
b. To organise and run racing events for dinghies and sailboards.
c. To provide facilities to approved groups of youth and other organisations for sailing and other compatible activities.
2.1 Membership is open to all persons irrespective of considerations of gender, age, race, sexuality or disability.
2.2 The Club shall consist of full, associate, junior, family, student, country, honorary, social and group members. These classes of membership are defined below.
2.3 The term of membership shall be from the date of the day following an Annual General Meeting up to and including the date of the next Annual General Meeting.
2.4 Members must complete a membership form and pay the appropriate fee.
2.5 A newly elected member shall be given a printed copy of the rules of the club and shall undertake to be bound by these rules.
2.6 All fees and subscriptions shall be determined by the committee
3.1 Full members shall be boat owners or joint boat owners, but not more than two members shall be considered as joint owners of a boat for this purpose.
3.2 Associate members shall be non-boat owners.
3.3 Junior members shall be those under 18 years of age. Junior members shall cease to be so at the end of the club year during which they have their 18th birthday.
3.4 Family members shall be full or associate members’ partners and their children under 18 years of age.
3.5 Student members shall be over 18 years at the start of the club year and be on a full time course of education.
3.6 Country members shall be those living beyond a 50-mile radius of the club and have previously been a member.
3.7 Honorary membership may be conferred, on the recommendation of the committee, at a General meeting.
3.8 Group membership shall be recognised Groups, Associations, Societies and Clubs and shall be subject to any additional conditions set by the committee.
3.9 Social members shall be non-sailing members.
3.10 Temporary membership may be granted by the committee for those attending open, closed or team meetings or organisations awaiting election to group membership and by the Honorary Membership Secretary for those awaiting election to membership.
3.11 Visitors other than those catered
for in rule 3.10 may be permitted to sail, provided that the club bye-laws
or sailing instructions are observed and permission is obtained from the officer
of the day or any officer of the club, together with that any other officer
or management committee member.
A fee determined by the management committee shall be paid per boat per visit.
Any such visits by any person or boat shall not exceed three in any period
of twelve months. Guests of club members as visitors, will be welcome at the
club up to an inclusive six times in any twelve months (the club year). Visitor
must sign the visitor’s book at each visit.
4.1 All members shall be sent notice of and be entitled to attend all General Meetings of the club.
4.2 A full member shall be entitled to two votes at the general meetings of the club.
4.3 An associate member, honorary member and student member shall be entitled to one vote at general meetings of the club.
4.4 A group will be entitled to two votes at the general meetings of the club.
4.5 Junior, family, country and social members will not be entitled to vote.
4.6 All members shall, at the discretion of the management committee, be entitled to use the premises of the club and to participate in races organised by the club, subject to any restrictions prescribed by the committee or sailing committee.
4.7 Members of the club other than
full members wishing to apply for full membership shall be given priority
over non-members on any waiting list.
When a member is eligible, a change in membership may be made on payment of
any difference in the annual subscription.
5.1 The Committee shall cancel the membership of any member whose subscription remains unpaid after 31st July, provided that it shall be at the discretion of the Committee to reinstate a member if they think fit. Until subscriptions are paid the past member shall not be permitted to enjoy any privileges of membership.
5.2 If the conduct of a member is such as shall, in the opinion of the Committee, be injurious to the character or interests of the Club, the Committee may expel such member, or take such action as they see fit provided that any member whose expulsion is under consideration shall be entitled to offer an explanation either orally or in writing to the Committee before the resolution for expulsion is put to the vote. Such expulsion shall be by a two third majority of the Committee present at that meeting at which such complaint is heard.
6.1 The affairs of the Club shall be
managed by a Management Committee of not more than 16 members elected annually
consisting of:
The Flag Officers, officers and other members.
The Management Committee shall have power to co-opt members as might be deemed
necessary. Five members shall constitute a quorum.
6.2 The officers of the club shall
consist of:
A Commodore, Vice Commodore, Rear Commodore, Honorary Secretary, Honorary
Membership Secretary, Honorary Sailing Secretary, Honorary Treasurer.
7.1 There shall not be more than 4
trustees of the club. The first trustees shall be appointed by the committee
and the property of the club (other than cash which shall be under the control
of the Treasure) shall be vested in them to be dealt with by them as the committee
shall from time to time direct resolution (of which an entry in the minute
book shall be conclusive evidence). The trustees shall be indemnified against
risk and expense out of the club property. The trustees shall hold office
until death or resignation or until removed from office by a resolution of
the committee who may for any reason which may seem sufficient to a majority
of them present and voting at any meeting remove any trustee or trustees from
the office of trustee. Where by reason of any such death, resignation or removal
it shall appear necessary to the committee that a new trustee or trustees
shall be appointed or if the committee shall deem it expedient to appoint
an additional trustee or additional trustees the committee shall by 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 for the
time being of the club is hereby nominated as the person to appoint new trustees
of the club within the meaning of section 36 of the Trustees Act 1925 and
he or she shall by dead duly appoint the person or persons so nominated by
the committee as the new trustees of the club and the provisions of the Trustees
Act 1925 shall apply to any such appointment. Any statement of fact in any
such deed of appointment shall in favour of a person dealing bona fide and
for value with the club or the committee be conclusive evidence of the fact
so stated.
8.1 Every candidate for election must be a Full or Associate or Honorary Member with One student Member being eligible to stand for election each year.
8.2 Candidates for election must be proposed and seconded by full or associate members or the spouse of a family member.
8.3 The signature of such candidates together with the signatures of their proposers and seconders shall be notified in writing to the Hon. Secretary before 31st March.
8.4 If no member is proposed for Hon. Secretary for Hon. Sailing Secretary, or combined with the duties of vice Commodore or Rear Commodore until the position if filled.
8.5 If there are more candidates for election than vacancies a vote shall be held in accordance with these rules.
8.6 If the number of candidates for election is equal to or less than the number of vacancies to be filled all candidates shall be deemed to be elected.
8.7 If there is a member of the Committee who shall fail to attend a meeting for a period of four months he shall be deemed to retire immediately unless the Committee resolve otherwise.
8.8 The Commodore may stand for Office on not more than three consecutive elections. The retiring Commodore, not re-elected, shall be appointed ex-officio member of the Management committee for the following year during which period he shall not be elected a Flag Officer of the Club.
9.1 The Committee shall manage the affairs of the club according to the Rules and shall take such action as they consider desirable to promote the objects of the club.
9.2 The Committee shall apply the funds of the club to the objects of the Club or to such other purpose as they shall deem expedient to the interest of the Club.
9.3 The Committee shall cause proper books of accounts to be kept of all incomes and expenditure of the club, and all dealings with the assets of the club.
9.4 The Committee shall make such regulations and byelaws as they think fit and such regulations and byelaws will be binding to all members.
9.5 The Committee shall decide on any matters not provided for by these Rules and shall interpret any meaning of Rules. Such decisions of the Committee shall be binding unless changed by a motion at an Annual General Meeting.
9.6 The Committee may delegate such of their powers as they think fit to sub-committees. The Chairholder of such sub-committees shall be members of the management Committee and shall have the power to co-opt additional members subject to the approval of the Management Committee, e.g. Sailing Committee, Building Committee and Maintenance Committee, House and Social Committee, Financial Policy Committee.
9.7 In the event of the club ceasing to exist the incumbent committee, in conjunction with the trustees, will be responsible for realising the club assets satisfying all debts and liabilities and disposing of any remaining surplus by distribution to such funds and charities as exist to promote the development of sailing as a sport in the UK and also funds and organisations responsible for the promotion and maintenance of safety on the water. They are advised to take advice from the Royal Yachting Association to assist them in their decisions.
10.1 The Committee shall meet together for the despatch of business, adjourn and otherwise regulate meetings as they think fit but meetings shall also be called at the request of three members of the committee. The Committee shall meet at least at monthly intervals and the secretary shall give seven days notice of such meetings
10.2 Questions arising at any meeting shall be decided by a majority of votes and in the case of an equality of votes the Chairholder of the meeting shall have a casting vote, except in the case of a motion concerning the cessation of membership of a member, when a two-third majority of the members present at meeting is required.
10.3 The Commodore or in his/her absence the Vice-Commodore or in his/her absence the Rear Commodore, shall take the chair at meetings of the Committee but if none of them is present fifteen minutes after the appointed time for holding a meeting the members of the committee present shall choose one of their members to chair the meeting.
10.4 The Committee shall cause proper minutes to be made of all proceedings of the Committee.
11.1 An Annual General Meeting shall be held on the first Monday in June. The business of this meeting shall be to receive the officers’ reports, Treasurer’s balance sheet, to elect Officers, Committee and Honorary Auditors for the coming year and to carry out any other business on the agenda, or if circumstances do not permit this business to be completed, decide on a course of action to be taken to consider this business. Admission to and voting at such meetings will only be by fully paid up members.
11.2 At least fourteen days notice must be given in writing to every member of all general meetings of the club, together with an agenda for the meeting. No other business shall be transacted except for that stated on the agenda.
11.3 A member wishing to table a motion at the Annual General Meetings shall inform the Honorary Secretary in writing before 31st March.
11.4 An extraordinary General Meeting of the Club shall be called, at the discretion of the Committee, and shall be called also within 21 days of receipt by the Honorary Secretary of a request in writing, signed by not less than ten percent & not less than ten voting members. (membership to be calculated on the number of paid up members at the date of notification of an extraordinary meeting).
12.1 At a General Meeting the chair shall be taken by the Commodore or Vice Commodore or Rear Commodore or in their absence an appointed Chairholder from the members present and entitled to vote.
12.2 A quorum at a General Meeting shall consist of 10 percent of voting members with a minimum of 10.
12.3 Every motion shall be determined by a majority of votes unless otherwise expressed provided for by these rules.
12.4 A motion put to the vote at a meeting shall be decided by a count of votes of fully paid up members by appointed tellers.
12.5 Tellers shall be appointed for each meeting by the Chairholder.
12.6 The Flag Officers and the Committee Member shall be elected by ballot. (See Election of the Committee).
13.1 Any proposed alteration or addition to the Club Rules shall be decided by a two-third majority of vote’s cast at a General Meeting.
14.1 The accounts shall be kept by the Honorary Treasurer and they shall be submitted for audit by an Honorary Auditor who will be a member appointed at the previous Annual General Meeting and a copy of the balance sheet will be sent to all members with the notice convening the Annual General Meeting. Should the Honorary Auditor be unable or unwilling to act, the Committee shall have power to appoint a professional auditor until the next Annual General Meeting.
15.1 The Club shall effect such insurance as may be necessary for the purpose of indemnifying the owners of Scotmans Flash, the Club and its Officers and Trustees against any legal liability. The Committee shall effect such insurance as may be necessary to cover the club property against loss by fire, burglary and damage.
16.1 Should any clause in the terms of the Lease, General Regulations or conditions of permit laid down by the owners of Scotmans Flash contradict any part of these Rules the former may take precedence.
17.1 The Club shall endeavour each year to organise and run a training course for people interested in learning how to sail, at a fee to be determined by the Management Committee.
18.1 The financial year of the club shall end on 31st December.
18.2 Entrance fees and subscriptions shall be determined at the Annual General Meeting. Where an application for membership is received after 31st January, any subscription received shall be allowed against the following years annual subscription. The entrance fee for members of bona fide sailing clubs shall be waived at Wigan Sailing Club.
19.1 Members wishing to put a boat on any water controlled by the club must first obtain permission from the Committee and must produce evidence that their boat is insured against third party claims of £500,000.
19.2 Boats will be berthed as may be directed by the Sailing Committee or the Management Committee.
19.3 The occupier or each birth shall pay the current annual birth fee to the Honorary Treasurer when paying their subscription or taking over the use of a birth.
19.4 When there is a shortage of births, each boat, irrespective of helmsman, should sail a reasonable number of time, as determined by the Management Committee, in order to maintain the right to a birth for the following season.
19.5 If at any time berthing fee payable to the Club by any member or former member shall be three months or more in arrears, then
a. the club shall be entitled to move the boat (to any other part of the boat premises) without being liable for any loss or damage to the boat howsoever caused.
b. the Club shall be entitled upon
giving one months notice in writing to the member or former member, at their
last known address shown on the membership list to sell the boat and any monies
due to the Club (whether by way of arrears of subscriptions or berthing fees
or otherwise) from the proceeds of sale before accounting for the balance
(if any) to the member or former member. Alternatively any boat which in the
opinion of the Club cannot be sold may upon such notice as aforesaid, be broken
up and the expenses recovered from the member or former member.
Further the club shall at all times, have a lien over the boat in respect
of all monies due to the club, whether in respect of arrears of berth fees
or subscriptions or otherwise.
20.1 All members and visitors must wear adequate personal buoyancy apparel whilst engaged in activities on the waters controlled by the club.
20.2 Whilst racing, the club shall endeavour
to provide rescue facilities, the members attention is drawn to the fundamental
rule in the I.S.A.F. rules: ’A boat is solely responsible for deciding whether
or not to start or to continue racing’
Members shall not sail at any other time unless they have arranged rescue
facilities with due regard for the prevailing weather conditions. Any member
or visitor shall be subject to any conditions imposed by the Race Officer
or the Officer of the Day.
These safety precautions can only be relaxed by approval of the management
Committee.
21.1 All racing will be held under the rules of the I.S.A.F. RYA prescriptions, Class Rules and Wigan Sailing Club instructions, local exceptions thereto being stipulated on the club notice board.
21.2 When racing, International Rules for Preventing Collision at Sea shall apply.
1. Only boats authorised by the Management Committee are allowed to use the waters under the control of the club.
2. Full membership may only be granted to persons owning a sailing dinghy under 17ft (5.2M) O/A length that has Committee approval.
3. Only boats possessing a current class measurement certificate will be allowed to race.
4. The Sailing Secretary, as he / she sees fit, shall form duty rotas and have the right to co-opt any member of the club to carry out any of the following duties or part thereof:
a. Officer of the Day (O.O.D.)
b. Assistant(s) to O.O.D.
c. Patrol Boat Crew
Any member so co-opted upon their own responsibility under Rule 6.1 may arrange a suitable substitute to perform all or part of the duties.
5. Visiting helmsmen shall sign the visitors’ book and insurance declaration.
6. Wet or dry suits must be worn whilst sailing between November 1st and March 31st.