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Proposed TMSC Constitution 2014.pdf

SGM Notice.pdf

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Dear Mosquito Club Members,

This Letter should be read in conjunction with the proposed TMSC constitution and the upcoming Special General Meeting (SGM)( formerly an EGM) and the Annual General Meeting (AGM) agendas. I wanted to use this letter to explain why we are calling these General Meetings.
After a Commodore change is a perfect time to review the documentation that makes the club function. This review highlighted the fact that some Licensing Act legislation and Community Amateur Sports Club (CASC) rules have changed. These changes were incorporated into RYA guidance between May and November 2013 and I am keen that we update our documentation to follow suit. The Committee and I are already aware of further changes, which have yet to become legislation but will be coming later this year. These changes will require significant work to be incorporated by the Committee and therefore we are taking this interim step to lay the foundations for later.
Our current constitution has evolved over time and the Committee and I found it difficult to apply updates to specific paragraphs without the context of the document losing shape. Hence the proposed constitution, based upon the latest RYA model, is much longer and has been deliberately expanded to incorporate the changes.

These changes can be summarized into the following:

The purpose of the Club and other related paragraphs have been updated to include other water sport activities.

Classification of Members has been clarified and includes changes to Family and Youth memberships.

A limit of liability has been introduced to protect the Club, Committee and it’s members.

Throughout the document day to day detail has been removed and relocated within the BYELAWS (to be published shortly) and brought within control of Management Committee meetings.

The Financial section has been updated to reflect the process of managing the funds of the club, including spending, accounting, presenting and auditing.

The excisable goods section contains the updated mandatory rules required under the Licensing Act.

Trustee section has been updated to allow a ten year review point.

The section on General Meetings has been expanded with a view to giving the Club greater flexibility on their use. This should allow the Club the opportunity to update future legislation changes when required.

The section on the dissolution of the Club has been updated to provide clarity on the process.

Why are we calling a SGM followed by an AGM?

In order to bring the changes we require into our Club’s constitution we must adhere to our current documentation. A Club’s constitution is in effect law and therefore we must satisfy Rule 41 which says;
“These Rules may not be altered, amended, repealed nor extended except in Annual General Meeting. Notice of any proposal to vary these Rules in any manner or form shall be specifically indicated in any Agenda for any AGM at which such variations will be considered.”

Therefore in order to legally make the changes we are calling a SGM for 19:30hrs on Monday 28th April 2014, the business of which will be to bring the AGM forward to 19:45hrs on Monday 28th April 2014. The sole item of business for the AGM will be a vote to incorporate the proposed constitution followed by setting the next AGM date back to November 2014. As I said before further changes will be required in November. Attendance and voting is restricted to fully paid up members at the time of notice.

I hope this letter has been useful in understanding the actions we are taking and that you will support us in making these necessary changes.
I very much look forward to seeing you at the SGM/AGM or at a club event in the near future.

Steve Creek



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Updated  15 Apr 2014