Portreath Harbour Association
Constitution Adopted January 1993
The name of the Association shall be “The Portreath Harbour Association” hereinafter referred to as “The Association”
The objects of the Association shall be to act in the interest of Members as decreed by the membership from time to time. To conserve Portreath as a working harbour and to promote good practice in the harbour management in the interest of fishermen, boat enthusiasts, members of the Association and the public.
Any Person who has interest in furthering the objects of the Association shall be eligible to apply in writing for membership.
Refusal or Termination of Membership.
The Committee of the Association shall be entitled:
(a) without giving any reason therefore, to refuse any application for membership.
(b) For good and sufficient reason refuse renewal of an existing membership or terminate any membership, provided that the member concerned shall have the right to be heard by the Committee before a final decision is made.
(c) For good and sufficient reason, to require the replacement of any representative by the nominating organization.
(d) Withdraw membership and all rights thereto entitled, for non-payment of fees due within twenty-eight days of notification thereof.
Membership of the Association shall be from the conclusion of Annual General Meeting until the conclusion of the Annual General Meeting next following. New membership between Annual General Meetings shall me until the Annual General Meeting next following.
Management of the Association.
The Honorary Officers of the Association shall be Chairman, Vice Chairman, Secretary and Treasurer.
Any member may nominate or second a candidate for election as an Honorary Officer.
All Honorary Officers shall be eligible for re-election, save that the Chairman shall not hold office for more than three consecutive years, nor for more than six years in total.
A President and Vice President may be appointed by a resolution at an Annual General Meeting, such appointments are Non-Executive and non-voting.
Nominations to be received in writing by the Honorary Secretary by the first Friday in December preceding the General Annual Meeting.
The Committee hold full executive powers in the management of Land or Property vested in the Association, to Levey charges and make and administer rules and regulations. The Committee hold full executive powers of personnel engaged by the Association as consultants, employees or volunteers, and in the event of a dispute the Committee’s decision is final.
The Committee shall comprise of:
(a) Chairman, Vic e Chairman, Secretary and Treasurer.
(b) Not more than four members elected by a majority vote at the Annual General Meeting.
(c) Such other members co-opted for specific duty or to fill temporary vacancies, such appointments to terminate at, or before the next General Annual Meeting.
Committee members shall not hold office for more than three consecutive years.
Nominations to be received in writing by the Honorary Secretary by the first Friday in December proceeding the General Annual Meeting. The Committee may appoint a Sub-Committee or Sub-Committees for specific purposes, such Sub-Committees reporting to the Committee and terminating at or before the next Annual General Meeting. No member of the Committee shall receive remuneration from the Association, except payment in good faith of reasonable and proper out of pocket expenses incurred in discharge of Association business.
A quorum at Committee meetings or Sub-Committee meetings shall be five, including two Officers. Each member will have one vote, the Chairman will have a second of casting vote in the event of a tie. Each item of business will be decided by a majority of voices.
The Annual General Meeting of the Association shall be held each New Year at such a time and place as the Committee shall determine. Such meeting shall be held not more than fifteen (15) months after the preceding Annual General Meeting. The the Annual General Meeting business shall include the consideration of the audited accounts of the Association, a report of the activities by or under the auspices of the Association, the election of Officers and Committee and of any other business of which written notice has been given to the Honorary Secretary by the first Friday in December preceding the Annual General Meeting. The Committee may at any time (and shall within one month of the requisition of ant twelve members, stating the business for which it is required) convene an Extraordinary General Meeting or General Meeting.
The Honorary Secretary shall at least fourteen (14) days before any Annual general Meeting or Extraordinary General Meeting send every member at his address in the Association’s records a notice of such meeting stating the time and place it will be held. and the business that will be brought before it. No business other than the business of a formal nature shall be brought forward at any Annual General Meeting or Extraordinary General Meeting unless notice thereof shall have been duly given as herein provided.
At all meeting the Chairman shall preside; in the absence of the Chairman the Vice chairman or then a member chosen by the meeting, will preside.
Each item of business ill be decided by a majority of votes, members will have one vote with the exception of nominated (non-voting) representatives. In the event of equality of votes the Chairman will have a second or casting vote. Members absent from the meeting may vote in writing to the Honorary Secretary.
Statutory Authorities and other Organizations with an interest in the Association may be invited to appoint a maximum of two representatives to attend meetings of the Association as observers, but without the power to vote.
The quorum at the Annual General Meeting or Extraordinary Meeting shall be twelve (12) members
At any meeting (unless a poll is demanded and agreed to by the meeting) a declaration by the Chairman that a resolution has been carried shall be conclusive. If a poll be agreed to by the meeting it shall be taken in such a manner, and at such a time and place immediately of after an adjournment not exceeding seven (7) days as the Chairman or the meeting directs, and the result of the poll shall be deemed to be the resolution of the meeting initiating the poll.
The property of the Association now held or to be acquired subsequently shall be vested in Trustees chosen from the membership of the Association. The Trustees shall be at least Two (2) in number and no more than a maximum of four (4) and shall hold the Legal Estate in property howsoever owned by the Association on behalf of the members so to deal by resolution being authorised by the signature of the Chairman and Secretary. The Trustees shall be appointed for life or until they cease to be eligible by virtue of their resignation as members of the Association or by resigning as Trustees or become bankrupt, or until removed by resolution of the committee who may for any reason which may seem sufficient to a majority of those present revoke such office of Trustee.
New Trustees may be appointed by the Committee to fill any vacancy, such appointment being promulgated at the next Annual General Meeting. Appointment or revocation of Trustees will be made by Deed of Appointment and executed by any two Honorary Officers. The Trustees shall be indemnified against risk and expense out of the Associations assets.
Amendments to the Constitution & Dissolution of the Association.
A resolution to alter this constitution or to dissolve the Association may be passed at an Annual General Meeting or Extraordinary General Meeting provided that:
(a) The terms of the proposed resolution are received bu the Honorary Secretary at least twenty-eight (28) days (or at least forty-two days in the case of a resolution to dissolve the Association) before the meeting at which the resolution is brought forward.
(b) The quorum for the carriage of such resolution shall be one third or those present and voting.
A resolution dissolving the Association may give instructions for the disposal of any assets held by or for the Association provided that if any property remains after the satisfaction of the debts and liabilities, such property shall not be paid to or distributed among members of the Association but shall be given or transferred to such other Associations having objects similar to the objects of Portreath Harbour Association.