Constitution & Rules

TAYVALLICH BAY ASSOCIATION

CONSTITUTION

 

NAME The organisation shall be called the “Tayvallich Bay Association”

and hereafter referred to as “the Association”.

 

AREA The area of interest of the Association shall be Tayvallich Bay and

Caol Scotnish, to the head of the loch and extending eastwards to a line joining the Point of

Oibh (Rubh ‘An Oib) to Taynish Point (Sròn Bheith)

 

OBJECTIVES The objectives of the Association shall be:-

∙ To promote developments and improvements within Tayvallich Bay whilst preserving the integrity of the Bay and

its environs for the benefit of all stakeholders and the general public.

∙ To manage the assets of the Association and, where appropriate, to collect monies from commercial and recreational users of the assets.

∙ To secure the interests of the owners of moorings within the mooring area of Tayvallich Bay as defined in Foreshore Plan No. G0876 and to negotiate and maintain a lease of the said area with the Crown Estate.

∙ To issue mooring licences and to regulate mooring sites within the mooring area so defined, so as to make the best use of the water available.

∙ To collect rents from all mooring owners and to forward them as a block payment annually to the Crown Estate.

∙ To liaise with appropriate local and national organisations and bodies.

∙ To undertake any other appropriate activity in support of these objectives

 

AFFILIATIONS:

The Association shall be an affiliate member of the “West Highland

Anchorage and Mooring Association.” (WHAM).

MEMBERSHIP

Membership of the Association shall be open to any individual over

the age of 17 whose main home or business is in the Tayvallich

peninsula south of the crossroads at Barnluasgan

All paid up owners of moorings within the defined area shall also be

deemed to be Members of the Association.

SUBSCRIPTIONS

An annual subscription to cover the calendar year at a rate to be set

by the Association shall be due from each Member. For mooring

owners the subscription shall be deemed to be included in the annual

mooring dues.

MOORING DUES

The Association shall set an annual payment for each mooring by its

owner to cover the amount payable to the Crown Estate and

including a levy to be utilised in accordance with the objectives of

the Association.

Any mooring owner who fails to pay their mooring dues by the due

date shall be deemed to have resigned from the Association and their

licence revoked. Their moorings gear may, thereafter, be lifted and

deposited on the shore

MANAGEMENT

The Association shall be managed by a committee comprising

representatives of the primary users and stakeholders of Tayvallich

Bay. The Committee shall have a minimum of six members and a

maximum of eight and shall include one representatives of each of

the following groups;-

∙ Mooring owners

∙ Tayvallich Sailing Club

∙ Commercial fishermen working out of Tayvallich

∙ Businesses within the area defined under “Membership” above

∙ Local residents
 

The Committee shall be elected from the Membership at an Annual

General Meeting for a term of one year and shall be entitled to stand

for re-election.
 

The office bearers shall be Chairperson, Secretary, Treasurer and

Moorings Secretary who shall be elected by the new Committee

after the Annual General Meeting to hold office for one year. The

Committee shall be at liberty to create additional office bearers from

its own members if it so desires.
 

MEETINGS:
An Annual General Meeting shall be held each year on a date to be decided by the Committee but normally in November. It shall be

publicised on the Tayvallich Shop notice-board and the Tayvallich website (if in operation), and notices will be emailed to members

at least three weeks prior to the date of the Meeting. Any other general meetings may be called as required if a motion signed by

four Members is received by the Secretary and the dates of such meetings to be publicised for at least three weeks prior to the datesof such meetings.

The quorum for general meetings shall be ten Members

The Committee shall meet as necessary and the quorum shall be four

members. Minutes of all meetings shall be kept and the minutes

made available to any Member of the Association on request.
 

Decisions of meetings shall be by way of a simple majority vote

with the Chairperson having a casting vote in the event of a tie.

There shall be one eligible vote for each Member and for each

mooring owner regardless of the number of moorings owned.
 

MOORING RULES
Rules for the licensing, allocation and use of moorings within the

moorings area shall be produced by the Committee for adoption by

the Annual General Meeting.

The Committee shall have the power to take whatever steps may be

necessary in order that the rules may be enforced.

AMENDMENTS

The Constitution may be altered only by an Annual General Meeting

or other general meeting.

FINANCE
All monies raised by or on behalf of the Association shall be applied

to further the objects of the Association and for any other purpose as

may be approved by a general meeting.

The Trustees/Office Bearers shall, with the consent of the Members of the Association, have the powers of investment of Capital Funds of the Association given to Trustees/Office Bearers from time to time and, in addition, power to invest the Capital Funds of the Association in the acquisition or purchase of moveable property and also lands and other heritable investments. All investments whether in heritable or movable property shall be taken in the name of the Trustees/Office Bearers for the time being and their successors in office, for the behoof of the Association.

The Trustees from time to time may, on the authority of the Members, sign documents of title, sales or transfers and other conveyances relating to heritable property.

 

The Association’s financial year shall end on 30 September. The

accounts shall be audited and submitted to the Annual General

Meeting for approval.

The Committee will control and regulate the finances of the

Association and the Treasurer will ensure that accurate accounts are

kept.

One or more bank accounts will be operated in the name of the

Association. The Committee will authorise three of its members to

sign cheques on behalf of the Association and all cheques for sums

over one thousand pounds must be signed by two authorized

signatories. Cheques for sums under one thousand pounds may be

signed by one authorised signatory, normally the Treasurer

DISSOLUTION
Any decision to dissolve the Association must be approved by no

less than two thirds of those present at an Annual or General

Meeting.

In the event of the dissolution of the Association any assets

remaining after all liabilities have been met shall be given or

transferred to some other organisation having similar objectives as

the Association or towards charitable purposes for the benefit of the

residents of Tayvallich. There shall be no transfer or distribution of

assets among the Members of the Association.

TAYVALLICH  BAY ASSOCIATION

RULES

 

1. The Tayvallich Bay Association has sole responsibility for the issuing of

licences for moorings within the area designated in the lease which it holds

from the Crown Estate.

 

2. Every mooring in the area must be licensed. Unlicensed moorings will be

liable for removal by the Association, the Crown Estate or their agents.

 

3. New licence holders shall be selected from a Waiting List

The MooringsSecretary will normally determine allocations but in the event of any

dubiety, dispute or other concern the matter shall be referred to the

Committee whose decision is final.

 

4. New licences shall not be valid until the prospective license holder has:-

(a) Paid all dues, subscriptions, levies or other payments that may be

required.

(b) Signed an agreement acknowledging and agreeing to comply with the

Mooring Rules of the Association.

 

5. It is the Licence Holder’s responsibility to advise the Moorings Secretary of

any change of his or her address, any change, disposal or acquisition of boat

or any other material change of circumstances relevant to the use of the

designated mooring.

 

6. Licences relate to a specific location on the seabed and moorings must not

be moved without the prior approval of the Committee.

 

7. Licences are not transferable and have no monetary value.

 

8. The maximum length of boat for which it is possible to issue a mooring

licence is 15 metres overall including all bowsprits or other extensions

beyond the basic hull length.

 

9. Each licence holder must pay an annual sum, including Crown Estate dues

and any additional levies or payments, for each mooring at a rate to be

determined by the Association at its Annual General Meeting. Failure to

make any such payment by the due date shall be in breach of the Rules.

 

10. Mooring tackle, including weights, anchors, chains, ropes, buoys, shackles,

swivels etc, is owned by, and is the sole responsibility of, individual licence

holders. It is the licence holder’s responsibility to ensure that the mooring

tackle is suitable for its purpose and, in particular, that it is adequate to

safely hold the boat for which it is intended.

 

11. At the termination of a licence the tackle for that mooring must be removed

by the outgoing licence holder or, by mutual agreement, transferred to the

ownership of the incoming licence holder. If the outgoing and incoming

licence holders are unable to reach agreement the Association shall arrange

for the removal of the old tackle at the outgoing licence holder’s expense

leaving the designated space clear for the incoming licence holder to lay

new tackle.

 

12. All moorings must be maintained in good and serviceable condition to the

satisfaction of the Committee. All moorings must be the subject of an

annual professional inspection and maintenance by an approved contractor

at the expense of the licence holder. Licence holders must produce evidence

of such inspection and maintenance at the request of the Committee.

 

13. Each mooring must have attached above the waterline in a prominent

location the identification tags issued by the Association and the annual tags

issued on behalf of the Crown Estate.

 

14. Mooring locations and licences relate to boats of specific lengths as

indicated by mooring holders at the time of individual licences being

granted or as subsequently varied by agreement with the Committee. In

order to preserve adequate swinging room, to avoid conflict or actual

damage and to optimise the use of the space within the Association’s

control, any use of a mooring, either on a temporary or permanent basis, by

boats of a materially different length, either greater or smaller, than that for

which the mooring is intended shall be contrary to the Rules.

 

15. Each mooring must be used predominantly by the licence holder for his or

her own boat. Whilst licence holders may permit temporary short-term use

of their moorings by other boats of the same or shorter length this must not

be allowed to represent a material change in the primary user of that

mooring. Moorings must not be sub-let and licence holders must not make

any charge or accept any remuneration by way of profit for the use of their

mooring by others.

 

16. The Association expects all moorings to be used to a reasonable level. Any

licence holder who does not personally use his or her mooring for a period

of one year without the specific agreement of the Committee shall be

deemed to be in contravention of the Rules.

 

17. Each mooring may only be used by one boat at a time. This rule does not

apply to tenders.

 

18. All boats on moorings must be regularly attended, inspected and maintained

by their owners or agents. If, in the opinion of the Committee, a boat has

been abandoned then three months notice of intention to sell the boat shall

be given in writing to the last known owner at his or her last known address.

If no response is received within this period the Committee may decide to

sell the boat for the best price reasonably possible and to deduct from the

proceeds any monies already due to the Association as well any additional

costs associated with the sale or removal of the boat. The balance, if any,

shall be held for a period of one year and, if not claimed, shall thereafter

become the property of the Association.

19. All moored boats must have a minimum of third party insurance.

 

20. The Association reserves the right to temporarily move a licence holder’s

boat in the event of an emergency, to carry out urgent mooring work or for

the operational requirements of water sports within the designated area.

 

21. In the event of any mooring dragging it shall be the licence holder’s

responsibility to re-lay it in its designated position. The Committee may, in

urgent circumstances, serve notice on a licence holder to carry out the relaying

within a specified period and, in the event of this not being complied

with, the Committee may employ a contractor to carry out the work with the

costs being recharged to the licence holder.

 

22. In order to minimise swinging circles it is objective of the Association that,

over time, all moorings be changed to single point weights, short heavy

risers and short pick-up lines. In accordance with this aim all moorings that

are laid, re-laid, replaced or renewed must be done so by an approved

contractor with single point weights and appropriate tackle to the

satisfaction of the Committee.

 

23. If, in the view of the Committee, any licence holder has been inconsiderate

in the use of his or her mooring then the Committee may deem this to be a

breach of the Rules and terminate the licence of that particular holder

 

24. Any contravention of these Rules shall, at the discretion of the Committee,

invalidate licences. The Committee also has the discretion, in appropriate

circumstances, to issue warnings and, where appropriate, remedies and

timescales for compliance. Mooring owners whose licences have been

deemed to be invalid shall be notified of the Committee’s decision and

given three months to arrange for the removal of their tackle. Failure to

remove tackle following such notice shall result in the Committee arranging

for the tackle to be removed and deposited on the shore. If such tackle is not

claimed and removed from the shore within a further three months then the

Committee will arrange for its disposal. All costs caused by the removal of

the tackle shall be apportioned to the outgoing licence holder. The

Association, in such circumstances, will issue an invoice for the recovery of

its expenses.

 

25. Licences holders shall have the right of appeal against any decision of the

Committee in relation to the application of these rules. Appeals will, in the

first instance, be heard by the Committee with the licence holder being

given the opportunity to attend and make representations. If dissatisfied by

the appeal decision the licence holder may require the matter to be heard by

a General Meeting of the Association. The final right of appeal shall

thereafter be to the Crown Estate.

 

26. A list of Mooring Contractors operating in the Area will be maintained. The Committee will update the list and inform the AGM of any modifications it has made to the list.

Rules