Class Constitution

April 2018

SECTION 1 - NAME AND OBJECTS

1. The name of the class association shall be the United Kingdom National Cadet Class Association (“UKNCCA”).

2. The objects for which the National Association is formed are to promote and facilitate the interests of the International Cadet Class within the United Kingdom, to represent the interests of its members, to promote sailing and racing for young people below the age of 18 years regardless of religion, race or political affiliation and to include the following:

A. to keep members informed of developments concerning the International Cadet Class and any proposals concerning Class Rules.

B. to organise national and regional training events which is geographically and financially accessible to all Association members, including if appropriate on merit-based selection;

C. to encourage National and International competition in the United Kingdom for the International Cadet Class, including by organising competitive events, including championships and selection events, for the Cadet Class;.

D. to negotiate with the International Cadet Class Association on any matters relating to the Class Measurement Rules and to support the International Cadet Class Association in its promotion of International Cadet racing throughout the world in accordance with its constitution.

E. to promulgate information on technical development within the International Cadet Class.

F. to promote the maintenance of the one-design character of the International Cadet Class.

3. In furtherance of these objectives, the Association may, through its Committee, incorporate policies or operating procedures prepared by relevant national or international bodies. The Committee may also agree policies or procedures to support the delivery of this Constitution.

4. The Association shall run on a not-for-profit principle. It may seek charitable status if this is decided by the committee and approved at an AGM.

SECTION 2 - TERMS AND DEFINITIONS

5. The following expressions shall have the associated meanings:

A. "The National Association" shall mean the United Kingdom National Cadet Class Association (“UKNCCA”);

B. "The International Association" shall mean the International Cadet Class Association formed to control the affairs of the International Cadet Class throughout the world;

C. "The Committee" shall mean the Committee of the National Association, consisting of elected and co-opted committee members;

D. “The Officers” shall mean the Chairperson, Honorary Secretary, Honorary Treasurer, Sailing Secretary and National Class Measurer;

E. "The National Association Rules" shall mean these rules governing the conduct of the National Association;

F. “The National Association Register” shall mean the register of owners in the United Kingdom of International Cadet Class boats with their addresses, number of boat, to be kept as hereafter provided;

G. "The International Cadet Class" shall mean the class of sailing boats originally designed by Jack Holt and known as Cadets”;

H. "The Class Rules" shall mean the class rules of the International Cadet Class as defined in the ISAF Equipment Rules of Sailing;

I. "The Sail Number" shall mean the Sail Number allocated to the boat;

J. "The National Class Secretary" shall mean the duly elected Honorary Secretary of the National Association;

K. "Measurement Certificate" shall mean a certificate as defined in the ISAF Equipment Rules of Sailing;

L. "Squadron" shall mean a squadron as formed and approved under this Constitution; and

M. "Voting Member” shall mean any adult person holding Family Membership or Associate Membership of the National Association.

SECTION 3 - MEMBERSHIP

6. There shall be the following categories of membership of the Association:

JUNIOR MEMBERSHIP - Junior Membership shall upon payment of the prescribed annual subscription be open to any person under the age of 18. Junior Membership entitles one parent, guardian or other representative of the Member to exercise one vote on behalf of the Junior Member. A parent, guardian or other representative may exercise votes on behalf of more than one Junior Member.

SENIOR MEMBERSHIP - Senior Membership shall upon payment of the prescribed annual subscription be open to individuals of 18 years of age and over who the Committee are satisfied are interested in furthering the aims of the National Association. Senior Membership shall entitle the member when present at any meeting of the National Association to one vote, but only if the Senior Member is not exercising a vote on behalf of a Junior Member.

TEMPORARY MEMBERSHIP - A Temporary Membership shall upon payment of the prescribed fee be open in respect of a specific event (lasting not more than 7 consecutive days) to a person who shall be less than 18 years of age on 31 December of the year in question. Temporary Membership shall last only for the duration of the event to which it relates. Temporary Membership does not entitle the holder to voting rights.

The eligibility requirements for competitions or other events organised by the National Association shall usually require that competitors be Junior or Temporary Members. Exact requirements will be specified in the Notice of Race or at the Committee’s discretion.

7. The Subscription Fee for each category of membership of the National Association shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of Voting Members present and shall become operative on the first day of January in the year following. In default of such approval in respect of any category of membership, the fee payable in respect of that category for the period from 1st January following shall be the same as that payable for membership of that category in the previous year.

8. All members shall pay their first annual Subscription Fee upon election to the National Association and thereafter on the first day of January in each year. A member elected after the first day of September in any year shall pay on joining one year’s subscription only at the rate applicable from the 1st January in the year following, which shall cover the period from the date of joining to the 31st December in the following year.

9. Every member shall furnish the Honorary Secretary with an up-to-date address or email address which shall be recorded in the register of members of the National Association and any notice sent to such address shall be deemed to have been duly delivered.

Election and retirement of members

10. An application for membership shall be in the form from time to time prescribed by the Committee.

11. The election of all classes of members is vested in the Committee which (without prejudice to the generality of rule 29 below) may delegate such election in respect of all or some only of the classes of membership either absolutely or conditionally and either for the purposes of one event only or otherwise and subject to such directions as it thinks fit to a sub-committee (which may consist of any number of persons from one upwards), but so that in the event of the sub- committee refusing membership the sub-committee shall report such refusal to the Committee which may re-consider the matter. The Honorary Secretary shall inform each candidate in writing of the candidate's election or non-election and shall furnish an elected candidate with a copy of the National Association Rules and make request for such payments as are necessary.

12. Upon election, a candidate shall pay, within one calendar month, such Subscription Fee as shall be required. In default of such payment, the election shall be void unless sufficient cause for delay be shown.

13. The Committee may cancel, without notice being given, the membership of any member whose annual subscription is more than four months in arrears provided that the Committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payment is in arrears may enter any National Association event or competition or vote at any meeting.

Conduct of Members

14. Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the National Association Rules. Any refusal or neglect to do so, or any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the National Association, shall render a member liable to expulsion by the Committee.

15. Before expelling a member, the Committee shall give their reasons in writing to the member and call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the Committee at a meeting called by the Committee of which at least fourteen days’ notice is given, or of resigning.

16. Appeal against expulsion may be made to (i) a meeting of at least three impartial Squadron Captains as defined in this Constitution, or (ii) if such a meeting cannot be convened within the relevant time, a meeting of 3 persons comprising such impartial squadron captains as can be found and such independent persons appointed by the Committee as are required to bring the number up to 3. A request for an appeal must be lodged with the Committee by the member within fourteen days of them being notified of their expulsion. The member shall be given at least fourteen days of the Appeal Hearing, which will be held within one month of the member lodging their request to appeal.

17. Any member who ceases to be a member of the Association shall forfeit any and all rights and claims upon the Assets of the Association.

18. A member shall not knowingly remove, injure, destroy or damage any property of the National Association and shall make restitution for the same if called upon to do so by the Committee or by the Honorary Secretary upon the instructions of the Committee.

19. Membership of the National Association and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Acts.

SECTION 4 - OFFICERS AND ROLES OF THE ASSOCIATION

20. The Association shall have:

A. Officers

B. Other Committee Members

C. Association appointments

Officers of the National Association

21. The Officers of the National Association shall consist of

A. a Chairperson

B. an Honorary Secretary

C. an Honorary Treasurer

D. a Sailing Secretary; and

E. a National Class Measurer.

22. Officers shall be Voting Members of the National Association. Officers shall be elected at the Annual General Meeting and shall hold office for a period of two years until termination at the Annual General Meeting that falls as close to the two year anniversary of their election. No individual shall serve more than four combined terms in one or more of the Association’s offices.

Duties of the Officers of the National Association

23. The Chairperson shall:

A. Ensure that the National Association is managed in accordance with the Constitution of the Association;

B. Provide strategic direction to the National Association to align its activity to its objectives;

C. Chair committee meetings, Annual General Meetings and other Association meetings as appropriate;

D. Oversee the election or appointment of officers, committee members and other Association roles or appointments and to generally secure the necessary assistance and support to allow the Association to meet its objectives;

E. To represent the Association, including its objectives, ethos and members, when dealing with external bodies, including the International Cadet Class Association and the Royal Yachting Association.

24. The Honorary Secretary shall:

A. Keep the National Association Register of National Association members' names, addresses and other relevant information;

B. Conduct the correspondence of the National Association;

C. Keep custody of all National Association documents;

D. Keep full minutes of all meetings of the National Association and the Committee which shall be confirmed and signed by the appropriate Chairperson upon the agreement of the National Association or the Committee at the next following meeting of the National Association or the Committee, as appropriate;

E. Administer such insurance policy or policies as the Committee may decide should be taken to protect the interests of the National Association, its Officers and its members;

F. Communicate as and when requested by the Committee the decisions of the Committee to the National Association, to the secretariat of the International Association and to non-members of the National Association;

G. Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law; and

H. Obtain and maintain a sufficient number of ISAF hull plaques and Sail Buttons for use by members on payment of the appropriate fees which shall be fixed by the Committee.

25. The Honorary Treasurer shall:

A. Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the National Association;

B. Cause all returns as may be required by law in relation to such accounts to be rendered at the due time;

C. Make such payments on behalf of the National Association as the Committee shall direct;

D. Prepare an annual financial statement each year and cause such financial statement to be checked annually and shall thereafter cause the same to be sent to all members of the National Association before the date of the Annual General Meeting; and

E. Present the annual financial statement to the National Association at its Annual General Meeting.

26. The Sailing Secretary is responsible for all sailing that the Association conducts. Specifically, the Sailing Secretary shall:

A. Prepare the annual sailing programme for the Class and present it to the Committee for discussion and agreement in a timely manner. This shall include:

I. A training programme, that caters for different ability levels, and is geographically and financially accessible to all;

II. National competitions, including a National Championships; and

III. A series of events to select competitors to represent the UK at the Cadet World Championships

B. For all events, work with host clubs to make sure the requirements of the Cadet Class and competitors are met efficiently, effectively and in a manner that builds the relationship between Association and host club;

C. Produce accurate and informative Notices of Race and Sailing Instructions for all Association competitions; and appropriate information for all Association training events;

D. Work closely with the Event Safety Officer to provide event safety requirements and to ensure that all events that take place under the banner of the Association are conducted to the highest standards of safety;

E. Work closely with the Training Officer or Training Advisor to ensure the training opportunities provided or facilitated by the Association are in line with recognised best practice, use RYA qualified and appropriately experienced trainers and assistants, and are equally available to all Association members (this includes selection on merit);

F. Ensure that all individuals involved in conducting events on behalf of the Association, such as Race Officers, Safety Officers and Trainers, are suitably experienced and qualified, with RYA qualifications being the expected standard;

G. Provide information to the Treasurer to enable accurate budgeting and accounting for Association events.

27. The National Class Measurer shall:

A. Be the primary point of contact with external bodies on technical matters relating to the Cadet, and inform and explain to the UK Association and its members any changes to rules or their interpretation;

B. Ensure that the Cadet Class has amongst its members sufficient RYA- recognised measurers to provide reasonable opportunity for sailors to secure a valid measurement certificate for their Cadet;

C. With the Honorary Secretary, ensure the correct provision of Sail Buttons, Plaques and other measurement documentation;

D. Conduct inspections of Cadets competing at identified Association-run events to provide a degree of assurance that they are in compliance with measurement rules. This may be through dip-sampling, results- based inspection, or inspection of specific equipment on each boat;

Other Committee Members

28. The Committee may, as required, create additional roles for Committee Members to enable the effective delivery of the Association’s objectives. These roles may change according to the demands of the Association. The Association shall publish the roles of the Committee Members and the required competencies to effectively discharge these duties. Such roles may include:

A. Event Safety Officer;

B. Squadron Liaison Officer;

C. Quartermaster;

D. Training Advisor;

E. Public and Media Relations; and

F. Regional Coordinators.

Association Appointments

29. The Committee may, as required, invite appropriately qualified individuals to take up Association Appointments. These are roles that do not require the individual to be an Association Member; may require a degree of technical knowledge or additional specialism; and should sit apart from the Committee to provide objectivity and impartiality. Such roles may include:

A. Child Protection Officer;

B. Honorary Auditor;

C. Honorary Life Vice President

30. The Honorary Auditor shall:

A. Be confirmed at the Annual General Meeting in each year;

B. Confirm that the records of payments and receipts can be traced back to the bank statements, are checked against a sample of vouchers and form the basis of the annual financial statement ;

C. If either unwilling or unable to act, inform the Committee who shall appoint a substitute to hold office until the next Annual General Meeting.

31. The title of Honorary Life Vice President may be given to individuals who have either:

A. Represented their country at an ISAF World or Olympic sailing event and competed in a major Cadet Class championship, or

B. Otherwise made a significant contribution to the Association.

Decisions on appointments to the position of Honorary Life Vice President shall be taken by the Committee and recorded in the meeting minutes.

32. The Association recognises that the success of the Cadet Class, and of the training events and competitions that it runs, relies heavily on the support and participation of a wide range of parents and friends. The Committee will seek to draw on this support to deliver a number of Support Crew Duties, including: Website design and maintenance; Safety Boat Cover; Event-specific social media reporting; social event organising.

SECTION 5 - MANAGEMENT COMMITTEE

33. The affairs of the National Association shall be managed by the Committee. The Committee shall consist of the Officers, ex officio, and six Voting Members elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.

34. Candidates for election as Officers of the National Association or as other members of the Committee shall be any Voting Members of the Association whose nominations (duly proposed and seconded by other Voting Members of the National Association) with their consent that have been received by the Honorary Secretary prior to the commencement of the Annual General Meeting in each year. This may include Officers or other members of the retiring Committee who are eligible to offer themselves for re-election.

35. If the number of candidates for election for any post is greater than the number of vacancies to be filled then there shall be a ballot.

36. If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election. In the absence of such a vote the individual candidates shall be voted on by way of ballot.

37. In the event of the ballot failing to determine the Officers or other members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.

38. If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Voting Member to fill such a vacancy until the next following Annual General Meeting. A co-opted member of the committee shall be entitled to vote.

39. The Committee shall meet at least four times a year making such arrangements as the conduct, place of assembly and holding of such meetings as it may wish. The Chairperson or in their absence a chairperson elected by those present shall preside. Committee meetings shall have an agenda and will be minuted, both of which shall be made available on the Association website. Committee meetings shall include declarations of conflicts of interest, which the Chair shall record in a Conflicts of Interest register maintained for transparency.

40. Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of equality of votes the Chairperson shall have a second and casting vote.

41. At meetings of the Committee, or any of its sub-committees, one half of the Members of that Committee or sub-committee shall form a quorum.

Powers of the Committee

42. The Committee shall manage the affairs of the National Association according to the National Association Rules and shall cause the funds of the National Association to be applied solely to the objects of the National Association or for a benevolent or charitable purpose nominated by the National Association in general meeting. All payments shall require the signature of any two of the following: the Chairperson, the Honorary Secretary or the Honorary Treasurer. The Committee on behalf of the National Association must reinvest any surplus income or gains in the National Association funds or deposits.

43. The Committee may appoint such sub-committees (consisting of one or more persons) as it may deem necessary or desirable and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the Committee or of the National Association as the Committees may think fit. All acts and proceedings of any such sub-committee shall be reported back to the Committee as soon as possible.

44. The Committee shall appoint and fix any remuneration of any Class Administrator and of any other staff as may in its opinion be necessary, and has the power to delegate the management and secretarial duties of the National Association under its control.

45. A member of the Committee, of a sub-committee or any officer of the National Association, in transacting business for the National Association, shall disclose to third parties that they are so acting.

46. The Committee, or any person or sub-committee delegated by the Committee to act as agent for the National Association or its members, shall enter into contract only as far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership.

47. In pursuance of the authority vested in the Committee by members of the National Association, members of the Committee are entitled to be indemnified by the members of the National Association against any liabilities properly incurred by them or any one of them on behalf of the National Association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the National Association.

48. The limit of any individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate of that category of membership (but so that in the case of Family Membership the aggregate liability of a single family shall not exceed a sum equal to one year's subscription at the then current rate of that category).

SECTION 6 - MEETINGS OF THE NATIONAL ASSOCIATION

49. An Annual General Meeting of the National Association shall be held each year during or after the National Championships on a date to be fixed by the Committee. The Honorary Secretary shall at least fourteen days before the date of such meeting post or deliver to each member notice hereof and of the business to be brought forward thereat.

50. No business, except the passing of the Accounts and the election of the Officers, Committee and Honorary Auditors, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Honorary Secretary at least forty two days before the date of the Annual General Meeting.

51. The Committee may at any time, upon giving twenty one days notice in writing, call a Special General Meeting of the National Association for any special business, the nature of which shall be stated in the notice convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.

52. The Committee shall call a Special General Meeting upon a written request addressed to the Honorary Secretary by at least 20 voting members of the National Association from three or more squadrons. The Committee shall give twenty one days notice in writing of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

53. At every meeting of the National Association the Chairperson (or, in their absence, a chairperson elected by those present) shall preside.

54. Twenty-five Voting Members entitled to vote and personally present shall form a quorum at any meeting of the National Association, but so that if more than two adult members of a family are present at a meeting the members of that family shall only count as two Voting Members for the purposes of this rule.

55. Only Voting Members shall vote at any meeting of the National Association. Other members may attend and speak but are not entitled to vote.

56. Voting, except upon the election of members of the Committee, shall be by show of hands.

57. In the case of an equality of votes the Chairperson shall have a second or casting vote, on any matter other than the election of members of the Committee.

58. On any resolution properly put to a meeting of the National Association relating to the creation, repeal or amendment of any Rule of the National Association such Rule shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.

59. On any resolution properly put to a meeting of the National Association relating to the creation, repeal or amendment of any Class Rule, such resolution shall not be adopted except by a majority vote of at least two-thirds of those present and entitled to vote.

SECTION 7 – PROTECTION OF “ONE DESIGN” OF THE INTERNATIONAL CADET CLASS AND MEASUREMENT CERTIFICATES

60. No boat shall be entitled to race unless a valid Measurement Certificate exists for that boat.

61. The Committee shall make such arrangements as it thinks fit to provide for the process of certification and appointment of measurers in accordance with the Class Rules.

62. The fee for the issue of the initial Measurement Certificate, or for registering change of ownership of the boat, or for issuing a duplicate Certificate, shall be determined by the Committee.

63. The Honorary Secretary shall obtain and maintain a sufficient number of Boat Numbers and Sail Buttons for use by members on payment of the appropriate fees.

SECTION 8 – RACING AND SAFETY

64. International Cadet Class races shall take place under the Racing Rules of Sailing of ISAF (or other International body prescribing racing rules for racing recognised by the National Authority) and under the Rules and Measurement Regulations of the International Cadet Class.

65. The racing complement of the International Cadet dinghy shall be two.

66. International Cadet dinghies and sailors shall at all times comply with all requirements in respect of matters of safety contained in class measurement rules including the International Cadet Class Rules.

SECTION 9 - SQUADRONS

67. Where three or more International Cadet dinghies having valid Measurement Certificates exist in a locality a Squadron may be formed, if approved and accepted by the Committee.

68. A Squadron Captain shall be appointed annually by the Club or institution to which the Squadron is attached. The Squadron Captain shall be responsible for the organisation and administration of the Squadron in accordance with the rules and of the International Cadet Class. The Squadron may if it wishes appoint a deputy Squadron Captain.

69. A Measurer shall be appointed to each Squadron. Measurers shall be persons approved and appointed by the Committee or appointed by ISAF or the National Authority.

70. On formation in accordance with Clause 52 above, and a Squadron Captain and Measurer having been appointed, a new Squadron shall be granted a Charter and consecutive number on application to the Executive Committee of the International Association through the National Association.

71. A Squadron within a sailing club may append to the Squadron number the name of the club in parenthesis e.g. 2 Squadron (Barnt Green Sailing Club).

72. The Committee shall have the right to terminate or suspend any Squadron provided that a spokesman for the Squadron shall have the right to be heard or to make written representation to the Committee before a final decision is made. Appeal against expulsion may be made to a meeting of at least three impartial Squadron Captains. A Squadron may also be suspended or removed by the Executive Committee of the International Association on the recommendation of the National Association in accordance with the terms of the International Association’s constitution.

SECTION 10 – AFFILIATED SCHOOLS AND GROUPS/ORGANISATIONS

73. Where three or more International Cadet dinghies having valid Measurement Certificates belong to a school or organisation, the school or organisation may be affiliated to the National Association if approved and accepted by the Committee.

74. The Committee shall have the right to terminate or suspend any affiliation with a school or organisation. Appeal against expulsion may be made to a meeting of at least three impartial Squadron Captains.

SECTION 11 - DISSOLUTION OF THE NATIONAL ASSOCIATION

75. If, upon the winding up or dissolution of the National Association, 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 National Association. The Committee shall dispose of the net assets remaining to one or more of the following:

(i) to another organisation with similar sports purposes which is a charity; and/or (ii) to the sport’s national governing body.