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WOOTTON CREEK FAIRWAY ASSOCIATION

(W.C.F.A.)

Rules and Regulations

The Association shall be known as the Wootton Creek Fairway Association. (W.C.F.A.) (Herein after referred to in these rules as: “The Association”).

AIMS AND OBJECTIVES

1. The objects of The Association shall be to supervise, maintain, amend, repair, improve, and control such land and premises as are from time to time in the possession of The Association.

2. Control all moorings on the land held on lease from the Crown Estate Commissioners.

3. Take all such action it deems necessary as is within its legal power to comply with the instructions of, and the authority delegated to it from time to time by, The King’s Harbour Master Portsmouth.

4. In all other respects manage the land and premises from time to time in the possession of The Association and take such other action as may be prudent or necessary to maintain or improve the value, amenity or benefit of such land and premises.

TRUSTEES

1. There shall not at any time be more than four, nor less than two, Trustees of the Association. The property of The Association shall be vested in the Trustees.

2. The election of a Trustee shall be by a simple majority vote of those present and entitled to vote at an Annual or Extraordinary General Meeting of The Association.

3. Each Trustee shall remain in office until his death or resignation, or until he is removed from office by a simple majority vote of those present and entitled to vote at an Annual or Extraordinary General Meeting of The Association.

4. The Trustees shall be ex-officio members of the Committee of The Association.

5. The Trustees shall be indemnified against all liabilities arising out of their office as Trustees.

MEMBERSHIP

CATEGORIES

1. Membership shall be open to anyone interested in furthering the aims and objectives of The Association and living within the Parish of Wootton, Havenstreet, Fishbourne or Binstead and other applications may be considered by the Committee. Members who subsequently move out of this area may be allowed to retain their moorings at the discretion of the Committee.

2. Any Person or organisation entitled to Membership and remaining a member is entitled to apply to be on the Waiting List for a Mooring or a Dinghy Park space.

3. Any Person or organisation using a mooring agreed by the Committee but not holding the Licence shall pay the Annual membership.

4. 1, 2 & 3, shall be called Ordinary members.

5. Associate membership shall be open to local business. Associate membership entitles the bearer to participate in all activities and general assemblies of The Association, but excludes voting rights.

6. Any member who lives outside the catchment area would be a ‘Country Member’ and not entitled to vote at an AGM.

SUBSCRIPTION

1. The annual subscriptions, as determined by the Committee from time to time, and approved at each Annual General Meeting, are due for payment on or before 31st March of the subscription year. .

2. The Committee shall be entitled, by reason of non-payment of subscription or misconduct towards The Association, and after delivering reasonable notice of its intention, to expel a member from The Association.

3. The annual subscriptions, due for payment on or before 31st March of the subscription year will be set a year in advance and approved at each Annual General Meeting. But the year of rent review with the Crown Commissioners the fees could be amended at the AGM.

4. For licences granted from the 1st of December covering the remaining third of the current year the fee will be one third of the relevant licence fee.

MANAGEMENT

1. The Committee shall be elected at the Annual General Meeting and shall comprise a Chairman, Vice Chairman, Secretary, Treasurer, and the following representatives:

3 Representative of owners of boats normally kept on the creek

1 Representative of Fishermen

1 Representative of Houseboat Owners

1 Representative of Local Commercial Interests, i.e. Boat Builders, Yacht Yards and Sailing Schools

1 Representative of riparian owners of property (E. Bank)

1 Representative of riparian owners of property (W. Bank)

2. 6 nominated representatives (who need not be members of The Association but, with the exception of the KHM representative, are approved by the committee) are as follows: —

1 Representative of the Kings Harbour Master

1 Representative of The Royal Victoria Yacht Club (RVYC member)

1 Representative of The Royal Yachting Association

1 Representative of the Wootton Bridge Parish Council (Elected WBPC Councilor)

1 Representative of the Ferry Company

1 Representative of Fishbourne Parish Council (Elected FPC Councilor)

Representatives of Associate Members shall not be entitled to serve on the Committee.

4. If the post of any officer or other Committee member should fall vacant after such election, the Committee will have the power to co-opt new members. The Committee will comprise Ordinary Members of The Association only.

5. Committee members who fail to attend meetings may be asked by the Committee to resign.

6. The Committee will:-

(a) Appoint a Berthing Master and Assistant, a Dinghy Park Manager and also Web Master from the Membership of the Association

(b) Meet as required by the Chairman to make and execute such decisions as are necessary in implementing the aims and objectives of The Association.

(d) Delegate to Sub-Committees such powers and activities as may from time to time be appropriate.

(e) Shall report its activities to the Annual General Meeting and shall account to the Annual General Meeting.

(f) Make, publish, and enforce, amend and cancel Rules and Regulations as may be necessary to achieve the objects of The Association. All rule changes must be agreed at a General Meeting.

(g) Have the power to co-opt such members or non-members as may be required but co- opted members shall not have a vote at meetings of the Committee.

(h) Have the power to fill casual vacancies amongst elected members of the Committee until the next Annual General Meeting.

RULES OF PROCEDURE AT AGM

1. Nomination of candidates for election as Chairman, Vice Chairman, Honorary Secretary, Honorary Treasurer, and elected Committee members must be made either:-

(a) By the Committee.

(b) In writing to the Hon. Secretary signed by at least six members of The Association.

(c) In either case nominations must be accompanied by the written consent of the person so nominated and the nomination must be in the hands of the Hon.Secretary a minimum of 15 days before the date of such meeting in each year.

2. The Annual General Meeting:-

(a) Shall be held at a time and date on or before 31st March each year. The notice convening the meeting shall be accompanied by the agenda.

(b) Notice of any motion to be discussed at the Annual General Meeting, signed by not less than six members, and shall be delivered to the Secretary by 10th January prior to that year’s Annual General Meeting.

(c) A notice of amendment thereof may be given to the Secretary at least 15 clear days before the date of the meeting and signed by not less than six members of The Association entitled to vote at such meeting.

(d) Discussion at an Annual General Meeting shall be confined to the matters on the Agenda.

(e) A quorum shall be 15 members present and entitled to vote.

EXTRAORDINARY MEETING

1. Shall be called following an application in writing by at least 12 members

2. The Committee shall have the power to call an Extraordinary General Meeting by a decision of a simple majority of its members for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.

A notice of amendment thereof may be given to the Secretary at least 15 clear days before the date of the meeting and signed by not less than six members of The Association entitled to vote at such meeting.

3. A quorum shall be 15 members present and entitled to vote.

NOTICES OF MEETINGS.

1. An AGM or Extraordinary General Meeting - 21 days clear notice.

2. A meeting of the Committee - 7 days clear notice.

VOTING AT MEETINGS

1. Save as provided in these rules all questions raised at General, Extraordinary or Committee Meetings shall be resolved by a simple majority of those members present and entitled to vote, whether by a show of hands or by a secret ballot.

2. In the event of an equality of votes the Chairman of the meeting shall have a second or casting vote.

3. All fully paid Ordinary adult (18+) members of The Association shall be entitled to one vote.

(‘Country Members’ are not entitled to vote- see Item 6 Membership Categories)

4. Proxy voting shall not be permitted.

FINANCE

1. All monies raised on behalf of The Association shall be paid into a current or deposit account at a nominated Bank/Building Society as shall from time to time be agreed by the Committee.

2. All payments, exceeding £100 for any one payment, are to be authorised by the Committee.

3. The Association's cheques are to be signed by two of the three following nominated officers, Chairman, Secretary or Treasurer.

4. The Treasurer shall keep adequate and detailed records containing a correct account of all money received and dispensed by him on The Association’s account.

The Treasurer shall be responsible for the preparation of the annual Receipts and Payments Account of The Association, which shall be agreed by the Committee for approval at the Annual General Meeting. The Financial Year runs from 1st January to 31st December.

BAD DEBTS

Fees that remain outstanding after due notice has been given can result in The Association making use of the “Small Claims Court” in order to recover any monies which are owing.

RULES

AMENDMENTS AND ALTERATIONS

1. Notice of any alteration or addition to the rules may be proposed by the Committee or in writing by not less than 12 voting members of The Association and shall be given to the Secretary in writing on or before 31st December if the same is to be proposed at the Annual General Meeting, or at least one month before any Extraordinary General Meeting at which the same is to be proposed, and full particulars of any such proposed alteration or addition shall be set out in the notice convening the meeting.

2. Any such proposed alteration or addition, and any amendment to it which may be proposed and seconded shall be put to the vote at the meeting, and provided that on a show of hands, or, if demanded, secret ballot, a simple majority of the votes of those members present and voting shall be cast in favour of any proposed alteration, addition, or amendment, then the same shall be deemed carried.

CONDITION OF SITE LICENCE

1. The site licence constitutes an agreement with The Association, and should be signed annually by the Licensee.

(a) The issue of licences for First (A) Second (B) Third (C) Mooring, a Mud berth or Dinghy Park shall be at the discretion of the Committee.

(b) The issue of a license for Houseboats shall be at the discretion of the Committee.

(c) That at times when there is a waiting list of valid residents, anyone who lives or moves their main residence out of the catchment area may not

be issued with a new licence. This will apply at the next licence renewal date if moving off the Island, or at the discretion of the Committee if moving elsewhere on the Island.

(d) The Committee may consider not reallocating a Mooring Licence when it considers that the Licensee has not had a suitable vessel owned by

them on the mooring for at least one year.

(e) Member voluntarily giving up a mooring who subsequently obtains a suitable vessel would be given preferential treatment on the waiting list.

2. The licence shall run from April 1st and is valid for 12 months, or part thereof until March 31st of the following year.

3. The Licensee agrees to comply with the rules of the WCFA.

4. All Charges will be agreed at the Annual General Meeting and will reflect the costs in respect of the Crown Estate Licence and justifiable costs (including those for administration and collection).

5. No refund of fees will be given.

6. Subject to payment in advance of the site charge the Licensee shall lay and buoy the mooring within 3 months and retain in good order the approved mooring of the specified Class, on the site indicated on the Berthing Master’s Mooring Chart.

7. The Licence is to be signed by the owner of the vessel or, in the case of shared ownership, by the shareholder having the authority of all partners, who must confirm that third party insurance is held for the vessel. Any changes in the Licensee’s address or vessel shall be notified to the Secretary forthwith.

(a) No licence may be transferred on the sale of a boat. When ownership of the boat is shared the continuation of the Licence shall ultimately be at the discretion of the committee. Any attempt to abuse this rule will mean immediate revoking of Licence as per rule TERMINATION OF LICENCE 1

8. A Licensee of The Association must accept his mooring, berth or dinghy park space entirely at his own risk and in no circumstances shall any claim lie against the Committee or the Association in respect of damage, however occasioned, arising whilst the vessel occupies the mooring, berth or dinghy park space in question, or as a result of, or incidental to, the occupation by the vessel thereof. No claim shall lie against The Association in respect of any loss or damage, howsoever occasioned, to any person, vessel or other thing in, or under the land of The Association or tidal water over it.

9. The mooring tackle is the property of the Licensee and is laid at his/her expense and subject to the requirements of the Berthing Master. All Licensees are reminded that they are responsible for the care and maintenance of any mooring licensed to them. Mooring equipment is to be checked annually to ensure that it remains in a good and safe state of repair and is fit for purpose. Failure to do so may result in the licence being revoked. Should the mooring be sublet it is the responsibility of the Licensee to ensure the mooring is fit for the subtenant’s vessel

10. At the termination of the Licence the tackle shall be removed if required by the Committee.

11. All mooring buoys must be marked with mooring number.

12. The Licensee shall keep the vessel at all times in a sound, watertight and seaworthy condition. If the vessel or dinghy shall, through any cause whatsoever, sink within the limits of The Association’s jurisdiction, The Association shall be entitled to move the vessel and to recover its proper charges, fees and expenses from the Licensee in respect thereof.

13. The Licensee shall not obstruct the Fairway or interfere in any way with the navigation of craft using Wootton Creek.

14. The Licensee shall not deposit waste of any kind in to the creek or in the dinghy park.

15. The Licensee shall ensure that his vessel does not create any safety hazard to any other boats in the creek.

16. Further information on Laying a Mooring can be obtained from Guidance given in the leaflet “Guidance for Laying Moorings in Wootton Creek”.

17. DINGHY PARK SPACE This is restricted to those who have reserved and paid for a space. Boats will be removed with due notice if this rule is contravened. The Management Committee will treat any contravention as an abandoned boat.

SUBLETTING

1. Sub-Letting of a mooring shall not take place except as agreed with the Committee with reference to the waiting list.

The Licensee shall furnish the Secretary with the details including the vessel’s name and confirmation of third party vessel insurance of the proposed person to whom the mooring would be sublet. The subtenant must be a member of The Association.

2. Sub Letting of mooring for profit – this is strictly against the Rules of The Association and is not allowed.

Should a Licensee be found doing this then his/her licence will be revoked immediately!

DOUBLE BANKED MOORINGS

The Committee will permit double banked moorings in Wootton Creek provided that the following requirements are observed –

(a) Application should be made by the Licensee to the Committee in writing and sent to the Secretary.

(b) The Licensee shall take full responsibility for both vessels.

(d) The Licensee shall ensure that the Vessels do not obstruct the Fairway.

TERMINATION OF LICENCE

1. If the Licensee fails to comply with any regulation or condition relating to the licence granted, including any lawful directions given by the WCFA, then The Association may forthwith terminate the licence by sending written notice, by recorded delivery post, to the Licensee’s last known address.

2. Following the termination of the licence on March 31st, any vessel not re-licenced shall be removed immediately. If the Licensee fails to remove the vessel The Association may in the absence or default of the Licensee, cause it to be moved without being liable for any loss or damage to the vessel howsoever caused and at the Licensee’s sole risk and expense.

3. Any vessel that appears to be abandoned will be reported to the Queen’s Harbour Master (Portsmouth), the Marine Police and then advertised in the local paper. Should the owner fail to remove the vessel within 30 days of the notice appearing, it shall be sold, broken up or otherwise disposed of.

4. Any notice given under or in pursuance of this licence shall be validly served if dispatched by recorded delivery post. Notices served upon The Association shall be sent to the Secretary. Notices to the Licensee will be sent to his last known address.

IN THE EVENT OF A LICENCE BEING ISSUED BY THE ASSOCIATION A MEMBER MUST SIGN A LICENCE AGREEMENT FORM BEFORE LAYING A MOORING.