Association Constitution 2016
KILLINGTON SAILING ASSOCIATION
1/ The name of the association is SAILING ASSOCIATION
2/ The objects of the association are to encourage and facilitate sailing on Killington Reservoir and to avoid altering the character of the Reservoir. Due regard to the primary purpose of the Reservoir, which is to supply water to the Lancaster Canal.
3/ Membership is open to the owner of any sailing boat or sail board who has signed an application form showing his consent to the constitution and rules of the Association, and has paid his subscription, except that applicants wishing to use a boat that is larger than a dinghy must obtain agreement from the executive committee who may apply restriction if considered essential in the interest of other members. In the case of boats, craft and canoes owned by (such as commercial groups, scouts, schools, institutions etc.)
a) must restrict the numbers present to those who are actively engaged in water activities.
b) may only operate “as an ” under the supervision of the officers acting as a keyholder and responsible for the activities of the (they may not use the facilities individually). A list of these officers to be lodged with KSA in advance of the sailing season annually. The activity would be advertised to all members of the in advance of these events happening and notified to KSA in advance. If operating as an , they have the same access to all club facilities as full members, but only when operating as an .
c) will be held entirely responsible for the activities of their members and that persons using are competent to do so.
CONTRACT BETWEEN KSA AND MEMBERS
Members (Day or full) are required to observe the guidelines published on the KSA website
Full members are given access to the clubhouse for their use and are asked to leave it in a clean and decent state on departure. Members (including sailing group members) are entitled to use all the sailing craft owned by the Association. These craft are insured for the personal use of members and group members and must not be used for any commercial purpose. The escort boat is insured by the Association and is available solely for the benefit of KSA members on Killington Lake. The escort boat may be driven only by drivers who have been by the official appointed by the Association and whose names appear on the annual list of drivers displayed in the clubhouse.
Members using the Association's craft are responsible for their care and maintenance while in the member's control.
Any damage to premises or craft should be reported as soon as possible using the online contacts on the KSA website.
Groups can only operate when as a group on their activity; not as individuals.
4/ All members shall declare on their application forms they are competent to handle a sailing craft. Members who are newcomers to the sport must obtain assistance from experienced members in order to enable the former to handle their craft safely.
5/ The executive committee of the Association may refuse to accept new applications for membership or the renewal of membership by any member, but shall, if required, give its therefore.
6/ The Association may elect as honorary members persons who have rendered notable service to the Association.
7/ The Association shall hold an Annual General Meeting on the first Thursday in February in each season for the purpose of (a) receiving reports on the activities of the Association and its financial affairs, (b) electing, so far as is appropriate, members of an executive committee, and (c) considering and deciding any other matters, whether submitted by the executive committee or brought up with consent of the meeting, by any member of the Association present at the meeting. Any matter requiring a change in the rules or constitution must be formally submitted in writing at least one month before the AGM and must be included in the agenda for the AGM.
8/ An executive committee of nine members will be elected by the AGM. The committee shall manage the affairs of the Association. The members of the committee shall be elected to serve for such period or periods of time not exceeding three years as may be determined by the AGM.
9/ Any private works, erections or moorings must be approved by the executive committee before being executed. The said committee will, whenever necessary, obtain the approval of the Canal and River Trust.
10/ In the event of a dispute among members on matters within the purview of the Association, a decision of the executive committee shall be sought (see Rule 29).
11/ The executive committee shall appoint a Chairman, an Hon. Secretary, an Hon. Treasurer, a representative for the interest of and a representative for the interests of each constituent group from amongst its membership and shall appoint site and membership supervisors and such other officials as it may consider necessary or desirable. The membership element of the subscription shall be remitted for the Chairman, Hon. Secretary, Hon. Treasurer, Membership and Events (racing) supervisors
12/ At any General Meeting of the Association, a member shall have one vote for each sailing craft for which he/she has paid a subscription in the season (1st March to subsequent 1st March) during which the meeting is held. In the case of an organisation, only one person may vote on its behalf and shall also have the same number of votes as sailing craft for which subscriptions have been paid during the current season. Voting in any committee shall be on the basis of one vote for each person. A chairman of any meeting shall have, in the event of an equality of votes a casting vote, whether or not he/she has voted on the same matter.
Quorum - Five members personally present shall form a quorum
at a meeting of the Committee
13/ The annual subscription covering the period 1st March to subsequent 1st March, for sailing craft and canoes shall be fixed by the executive committee of the Association. The reasons for the subscription levels shall be explained at the AGM and recommendations received for consideration by the Committee during the following season.
14/ a) Use of craft on Killington reservoir is restricted to those craft in respect of which the association subscriptions for the current season have been paid prior to such use, and the display on the craft of the current Killington Sailing Association badge for that season, and in respect of dinghies, the membership number for that season.
b) New members registering their craft for the first time and former members whose membership has lapsed shall pay an entrance fee in addition to the annual subscription. The fee shall be fixed annually by the Committee.
15/ (deleted 1989)
16/ Any refund of fees made by the Canal and River Trust may be held by the Association and deducted from the next following subscription due from the members.
LIABILITY FOR LOSS
17/ Neither the Association (which includes its executive committee) nor the CANAL AND RIVER TRUST shall be liable for any loss or damage to any craft or property on board thereof or for any personal injury (whether fatal or otherwise) whether or not such loss, damage or injury is caused or contributed to by the negligence of the Association, its executive committee, or the Canal and River Trust or their respective servants or agents.
18/ No person under the age of 18 may use a sailing craft or canoe on Killington reservoir unless he or she is under the supervision of a responsible adult.
19/ All persons in craft on Killington Reservoir are expected to wear adequate personal buoyancy. This is the responsibility of the individual.
20/ All craft used on the reservoir shall have sufficient buoyancy to prevent them from sinking.
21/ No motor driven craft may be used on Killington reservoir unless it is operated for emergency purposes on behalf of the Association and with the consent of the executive committee.
22/ Boats, sail boards, and canoes must be placed and kept in the position on the site indicated by the site supervisors, who shall be members of the Association appointed by the executive committee for such purposes. It is the responsibility and duty of each member to secure his vessel in such a way that it is safe when left at the club. Members are liable for damage caused by their craft if they are not properly secured.
23/ The words “sail” and “sailing” in these rules mean the act of proceeding on water in any manner in a boat, or canoe, or other vessel.
24/ The terms of the Association’s agreement with the Canal and River Trust prohibits the use of members’ craft for fishing on the Reservoir; nor may members fish from the banks unless they are members of the Kent Angling Association.
24/ The terms of the Association’s agreement with the Canal and River Trust prohibits members using or passing over land owned by the Canal and River Trust, excepting land leased to the Association and, as the Association has no agreement with other owners of land surrounding the Reservoir, landing of craft is to be confined to the boat park, and with committee approval, the east bank.
25/ In the interests of safety to members and to comply with the Association’s agreement with the Canal and River Trust, no bathing is to take place in Killington Reservoir.
26/ Owners of any craft used on Killington reservoir must effect insurance cover for third party liabilities to a minimum amount which will decided from time to time by the executive committee of the Association.
27/ If a dinghy remains at Killington and despite having all relevant fees paid, appears not to be used for a period of 9 months, then the club will take the following actions:
1) contact the registered owner at the last known address and ascertain whether there are special reasons for the non-use of the craft; if not, then
2) request the removal of that dinghy from KSA premises to free space for active members; if the craft remains unused after a further 3 month period, then after formally advising the member,
3) to move that dinghy to storage in a remote area of the dinghy park (which may include a satellite location). If the dinghy continues not to be used for a further 12 months period, despite the member continuing to pay all appropriate fees, then
4) to require the member to remove the craft from KSA premises. If no action is taken within one month then KSA shall be at liberty to act as if the owner was in arrears, as stated in clause 28/
28/ If at any time any membership and/or boat fees payable to the club by any member or former member shall be three months or more in arrears:
a./ The committee shall be entitled to move the boat to any other part of the premises without being liable for loss of, or damage to the boat howsoever caused.
b./ The committee shall be entitled upon giving one month’s notice in writing to the member or former member, at his or her last known address shown in the register of members, to sell the boat and to deduct any monies due to the association (whether by way of arrears of subscription, mooring or facility fees or otherwise) from the next proceeds of sale before accounting for the balance (if any) to the member of former member
c./ Alternatively, any boat which, in the opinion of the committee cannot be sold may, upon such notice as aforesaid, be disposed of in any manner the committee may think fit and the expenses recovered from the member or former member. Any arrears, as aforesaid shall be deemed to be a debt owing to the association by the member or former member.
d./ Further, the association shall at all times have a lien over the members or former members’ boats parked or moored on the Association’s premises in respect of all monies due to the Association, whether in respect of arrears or mooring fees or subscription or otherwise. Where a member is in arrear of monies owed to the club by at least six months, the club may in any event take possession of the member’s boat.
29/ All members shall take all reasonable steps to ensure that any land or buildings used by the Association are kept tidy and free from litter. Every member shall remove all unwanted equipment or objects. In default the committee may at its discretion arrange removal of the same and obtain reimbursement of any costs incurred from the member responsible.
30/ RIGHT OF APPEAL
Any member shall have the right of appeal against the decisions of the executive committee. In the event of a dispute which cannot be resolved amicably, an appeal committee shall be formed including one member nominated by each party and an independent member recommended by the legal department of the RYA.
31/ CHILD AND VULNERABLE ADULT PROTECTION AND SAFEGUARDING
a./ childrens’ and vulnerable adults’ welfare is paramount
b./ all children and vulnerable adults, whatever their age, culture, disability, gender, language, racial origin, religious belief and/or sexual identity, have the right to protection from abuse.
c./ all suspicions and allegations of inappropriate behaviour will be taken seriously and responded to swiftly and appropriately.
d./ there is a separate policy covering this issue in more detail – copies can be requested.
32/ EQUAL OPPORTUNITIES
a./ No member should receive less favourable treatment in any aspect of membership on racial grounds or the ground of gender, religion, disability, marital status or sexual orientation.
b./ Positive measures are taken to encourage the recruitment and continuing membership of disabled persons.
33/ Parents and guardians are warned that the club is only able to provide rescue facilities during the hours of club racing. Outside these hours, parents and guardians have sole responsibility for their children and wards and must appreciate that the club cannot be expected to exercise supervision or control. Even during club racing the club cannot accept responsibility for children, or any other persons, not engaged in racing.
33/ Dissolution of the Club
If, upon the winding up or dissolution of the
Club there remains after the satisfaction of all its debts and
liabilities any property whatsoever, the same shall not
be paid to or distributed amongst the members of the
Club. The Committee shall dispose of the net assets
remaining to one or more of the following:
to another Club with similar sports purposes which
is a charity and/or
(ii) to another Club with similar sports purposes which
is a registered CASC and / or
(iii) to the sport’s National Governing Body for use by them for related Community Sports.
END OF CONSTITUTION DOCUMENT
Sailing on Killington Reservoir
* It is prohibited to sail “behind the islands”. Members should familiarise themselves with the location of this area
* Dinghies must not be beached anywhere on the lakeshore other than the permitted launching area except in an emergency or with permission from the committee
* The lake is a popular venue for fishermen and dinghies must take care not to interfere
* Dinghies must not be used for fishing nor may members fish from the lakeshore unless they are members of the Kent Angling Association
* Personal buoyancy aids must be worn at all times whilst afloat and when on the jetty. Wetsuits/drysuits or similar are not considered adequate personal buoyancy aids on their own
* Dinghies should not be left unattended and tied to the jetty for long periods. Adequate space should be left for the escort boat to be moored alongside the jetty when it is afloat
* Racing is held under ISAF rules however beginners and occasional boaters also use the lake for a variety of other waterborne activities, including rowing, windsurfing, canoeing and training. Members should not assume that other boat users know either the rules or collision regulations
* Dinghies must have sufficient buoyancy to support themselves and the crew in the event of capsize. Where it may be necessary to bail after capsize, a bailer should be carried and tied securely to the dinghy
* Dinghies are advised to carry a towrope of adequate size and have at least 3 metres length available and permanently attached to a suitable strong towing point.
* All dinghies must have insurance cover for third party liabilities to a minimum amount which will be decided by the executive committee of the Association
* No person under the age of 18 may use a dinghy on the lake unless he or she is under the supervision of a suitable adult
* No motor driven craft is permitted to be used on the lake unless it is for purposes on behalf of the Association and under the consent of the executive committee
* Any person going afloat is responsible for their own decision to do so and should take into account their boat’s seaworthiness, prevailing weather conditions together with their own capabilities. The Association cannot be held responsible for anyone taking this decision and then finding themselves in difficulties
* Members should not expect the association to launch an escort boat other than for official designated club events where this has been confirmed.
* It is appreciated that members may also wish to use the escort boat when sailing with their family or friends on an informal basis. This is permitted providing that the boat is only used for escort purposes, is not used for joy riding and is always manned by a club member whose name appears on the current (annual) list of authorised escort boat drivers which is publicly displayed in the clubhouse. The escort boat must always be manned by two people of whom one is an authorised driver and the other at least competent to carry out reasonable support duties for the driver.
* Unofficial racing may be undertaken without escort boat cover only if all participants undertake to accept that they accept the risks associated when sailing without escort cover. When it is necessary to attract attention the accepted distress signal is to slowly and repeatedly raise and lower arms outstretched to each side
Use of escort boat on Killington Reservoir
* It is important to notice that in our Sailing Association the escort boat is there for the protection of all members on the water and not just for racing members.
* The Association does not have an obligation to provide Escort boat cover but will normally seek to do so for events organised by the Association or with its express approval. Members should not assume that Escort boat cover will be provided unless this has been publically confirmed by the Association.
* The Association escort boat is launched to escort boats as appropriate and to offer assistance to competitors and other members afloat. The escort boat crew may also be required to assist the Officer Of the Day (OOD) moving marks or other duties; however the prime task is to offer assistance where it may be required to sailors
* If an Association escort boat is available and manned by authorised crew it will be available on the water either throughout the specified period of cover (in the case of informal events) or from 15 minutes before the start of the event until all the boats taking part have had adequate opportunity to return to the launching area. Before withdrawing cover, the escort boat will warn any remaining members on the lake that cover is about to be withdrawn giving them the same opportunity to return.
* If the actual, forecast or expected conditions dictate, the escort will not be started or will be abandoned. If the event is cancelled before the start escort boat cover will not be available. If the event is abandoned after escort boat cover has commenced then all participants are expected to return to the launching area (or in case of extreme conditions or in an emergency the shore) as soon as possible. Anyone who remains on the lake cannot expect assistance from escort cover unless it is expressly agreed with the escort boat crew that it will remain on station.
* The escort boat will provide assistance to sailors and crew if in difficulty. In such situations, the primary aim will be the wellbeing of the crew. If in the opinion of the escort boat crew or others suitably experienced to decide, it may be necessary to abandon a dinghy in order to render assistance to its crew or others
Escort Boat operation on Killington Reservoir
* Escort boat crew is responsible for ensuring that the escort boat is adequately equipped in accordance with the kit list and prepared for use in accordance with the operation instructions.
* The crew will ensure that the boat is in a state of readiness at all times
* At least one of the crew must be ready, and adequately clothed to enter the water in order to offer assistance
* In light winds the escort boat may be tied afloat to the jetty ready for immediate use. In medium and strong winds where danger of capsize is greater the boat should be patrolling the lake
* Special care should be exercised when dinghies are in the vicinity of No.2 buoy in the South West corner of the lake since a small area is not visible from the jetty
* All escort boat crew must wear buoyancy aids when on duty
* Where it can be safely achieved, escort boat duties may be shared during an event with other appropriate available crew
* All activities must be carried out with due care and must not to interfere with the enjoyment and activities of other lake users including fishermen
* Use of the escort boat must be strictly for Association business. Joy riding or the use of excessive speed when it is unnecessary is strictly prohibited
* The kill cord must be fitted and worn attached to the driver at all times when the engine is running
* When in the proximity of anyone in the water or when taking anyone out of the water the engine must be stopped. It is not considered safe to just put it in neutral
Escort boat crew on Killington Reservoir
* The escort boat is to be manned by two crew at all times
* One competent adult must man the escort boat at all times. A Crew member who is less experienced and not an authorised driver is allowed providing that they are considered by the driver to sufficiently competent to perform the necessary duties to support the driver under supervision of the competent adult in providing effective escort boat cover.
Only members whose names appear on the current (annual) list of authorised drivers displayed in the clubhouse may drive the escort boat.
* It is a KSA policy that crews will attain RYA power boat certificate level 2 or similar qualification within a reasonable period of time and it is recommended that regular users undertake the RYA safety boat course. The Association is happy to sponsor members who are prepared to provide Escort boat cover for at least three day sessions per annum.
Data Protection Policy
1. About this Policy
1.1 This policy explains when and why we collect personal information about our members, how we use it and how we keep it secure and your rights in relation to it.
1.2 We may collect, use and store your personal data, as described in this Data Processing Policy and as described when we collect data from you.
1.3 We reserve the right to amend this Data Processing Policy from time to time without prior notice. We will aim to display the up to date version on our website. Any amendments will not be made retrospectively.
1.4 We will always comply with the General Data Protection Regulation (GDPR) when dealing with your personal data. Further details on the GDPR can be found at the website for the Information Commissioner (www.ico.gov.uk)). For the purposes of the GDPR, we will be the “controller” of all personal data we hold about you.
2. Who are we?
2.1 We are Killington Sailing Association. We can be contacted at 22 Hill Street, Carnforth, LA5 9DY or via the contact details on our website – k-s-a.co.uk
3. What information we collect and why.
Type of Information
Names, emails and telephone numbers of
People taking part in club events
People hiring clubhouse
Managing the Member’s membership of the Club.
Managing the participants participation in club events, informing them of how to join club and future club events
Managing hire of clubhouse
Managing volunteer rotas
Performing the club’s contract with the member, participants in sailing courses and club events and people hiring club house
For the purposes of our legitimate interests in operating and promoting the Club.
Emergency Contact details
Contacting next of kin in an emergency
Protecting the Member’s vital interest
Medical details that are relevant to a person’s participation in a club event, course or activity
To help look after a person in an emergency
Protecting the Member’s vital interest
Member’s or participant’s craft and equipment details
Managing the dinghy park and club moorings. Keeping record of what boats and equipment are on club premises. Allocating spaces
For the purposes of our legitimate interests in operating the Club
Managing races and making result known to club members, other participants and outside media
For the purposes of our legitimate interests in holding races for the benefit of club members and other race participants
For the purposes of our legitimate interests in promoting the Club
Photos and videos of members and their boats
Putting on the Club’s website and social media pages and using in press releases.
(Please note we have little control over passing members of the public taking photos or videos of sailing at Killington and clubhouse events and publishing it on websites, facebook etc)
Member’s, cadet parents or course participant’s name and email address
Passing to the RYA or other survey provider for the RYA or survey provider to conduct surveys of members of the Club. The surveys are for the benefit of the Club and RYA.
For the purposes of our legitimate interests in operating the Club and / or the legitimate interests of the RYA in its capacity as the national body for all forms of boating
name, address, email address,, phone numbers, experience
Managing contract with outside contractors
Knowing how to contact if we need an outside contractor
Managing contract with outside contractors
For legitimate purpose in running the club
Historic club records
Eg committee papers, correspondence with personal details
Having archive of Club history
Informing future club decisions
Club legitimate purpose of having a club archive
4. How we protect your personal data
4.1 We will not transfer your personal data outside the EEA without your consent.
4.2 We have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction. We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.
4.3 Please note however that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.
4.4 For any payments which we take from you online we will use a recognised online secure payment system.
4.5 We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.
5. Who else has access to the information you provide us?
5.1 We will never sell your personal data. We will not share your personal data with any third parties without your prior consent (which you are free to withhold) except where required to do so by law or as set out in the table above or paragraph 5.2 below.
5.2 We may pass your personal data to third parties such as sailing instructors who are service providers, agents and subcontractors to us for the purposes of completing tasks and providing services to you on our behalf. However, we disclose only the personal data that is necessary for the third party to deliver the service and we requires them to keep your information secure and not to use it for their own purposes.
5.3 We will ask your permission before passing on your contact details to other members
6. How long do we keep your information?
6.1 We will hold your personal data on our systems for as long as you are a member of the Club or until you remove your boat and any personal equipment from club premises and for as long afterwards as is necessary to comply with our legal obligations. We will review your personal data every year to establish whether we are still entitled to process it. If we decide that we are not entitled to do so, we will stop processing your personal data except that we will retain your personal data in an archived form in order to be able to comply with future legal obligations e.g. compliance with tax requirements and exemptions, and the establishment exercise or defence of legal claims.
6.2 We securely destroy all financial information once we have used it and no longer need it.
7. Club Archives
7.1 The Club’s historic records may be transferred to a Killington Archive Group or a Public Record’s Office at a future data, subject to restrictions protecting personal details or permission of people concerned.
8. Your rights
8.1 You have rights under the GDPR:
(a) to access your personal data
(b) to be provided with information about how your personal data is processed
(c) to have your personal data corrected
(d) to have your personal data erased in certain circumstances
(e) to object to or restrict how your personal data is processed
(f) to have your personal data transferred to yourself or to another business in certain circumstances.
8.2 You have the right to take any complaints about how we process your personal data to the Information Commissioner:
Telephone: 0303 123 1113.
Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
For more details, please address any questions, comments and requests regarding our data processing practices to the Club Webmaster via contact details on website
Important: Blue Green Algae
The basic principle to be borne in mind is that if sailors and windsurfers of sufficient maturity understand and accept the dangers involved and decide that they wish to continue to sail at their own risk, they may be permitted to do so by the club without the danger of legal liability to the club arising.
This is provided they have been fully appraised of the risks. It may be advisable that activities should be limited to persons aged 14 and over. (extract from article)
Warning: Health Hazard Blue-Green Algae – Killington Reservoir
24th October 2018
The Blue-Green Algae at Killington Reservoir is still persisting, with the occasional small scum forming when the wind pushes it to the dam wall, at other times it is thinly dispersed across the reservoir and is not visually noticeable.
Although BGA occur naturally in freshwater, there is a risk of serious hazards to health when they occur in high concentrations. The highest concentrations of BGA toxins are found in scums which can form on the water surface, which can look like turquoise paint, grass clippings or floating mats.
The toxins that can be produced can affect humans, pets and livestock. You should avoid all contact with water that has a BGA scum on its surface, and also avoid very green water.
Immersion sports such as: paddling, windsurfing; diving; swimming; water-skiing & canoeing carry a higher risk to human health and these should not be practiced where there is a scum or green water present.
Such conditions can come and go quickly, which means that the Trust cannot guarantee the suitability of the water for these activities. Therefore it is your responsibility to check for scums or green water prior to any immersion activity.
Do not allow pets or livestock to swim in or drink the water. We recommend that you keep dogs on leads.
If you do come into contact with BGA affected water, remove contaminated clothing and wash all exposed skin in clean water as soon as possible, particularly before eating or drinking.
If you are in any doubt about your welfare after contact with the algae, please seek medical advice.
This advice remains in force for the remainder of this calendar year. Next year it is possible that this problem will re-occur. We would therefore be grateful if you could tell us if you see any signs of green water or algal scum.
Business Boating Manager (North)
DL 0113 2816874