rules for allocation of a berth - Army Sailing Association

ARMY SAILING ASSOCIATION OFFSHORE - STANDING INSTRUCTIONS

Army Sailing Association

PART 4: RULES FOR ALLOCATION OF A BERTH 1. A Memorandum of Understanding (MOU) exists between RNSA mooring estate (Portsmouth) and the ASA in which RNSA will provide 25 berths for sailing yachts in Dolphin Pool, Fort Blockhouse for Service and Establishment yachts. The allocation of the 25 berths is the responsibility of the ASA Mooring Sub Committee and is governed by these rules, which have the authority of the ASA Rear Commodore (Offshore). 2. Requirements for Allocation of Berth. The following conditions are prerequisites before an application for a berth will be considered: a. Full personal membership of the Army Sailing Association (ASA) for a minimum of 2 years from the start of a year’s berthing allocation. b. Private yacht owners must be blue ensign warrant holders1 of the ASA or of an Affiliated Corps or Regimental Yacht Club from the start of a year’s berthing allocation. c.

Ownership of a sailing yacht designed and intended for offshore use2.

3. Priorities for Allocation of an ASA Berth. Berths will normally3 be allocated in strict priority, subject to a Board which reviews applications in Oct / Nov each year: a.

Priority 1. Establishment yachts (ASA, Corps and Regimental owned yachts).

b. Priority 2. Private yachts of Regular and Reservist4 members of the ASA who are currently serving, including those who are posted on operational tours. In this category priority will be given to those who are providing (or who have recently provided, in the case of those deployed on operations) active support to Army sailing5. c. Priority 3. Private yachts of non-serving ASA members. Priority will be given to those who are providing active support to Army sailing.

1

Applications for a Blue Ensign are made through the Army Sports Control Board. As a guide, the berths are designed for yachts between 26 and 38ft in length and are constrained in their width. Yachts which are shorter, longer or of significant beam should seek advice from the AOSC Manager prior to submitting an application. 3 The Chair of the berthing committee has limited discretion. In exceptional circumstances, where a retired member who has contributed and will contribute substantially to Army sailing scores very highly over a serving member who contributes nothing, authority may be sought from the ASA Rear Commodore (Offshore) to allocate him or her a higher priority berth. 4 There is no difference in priority between regular and reservist members; however reservists should note that they must be parading regularly at their unit and have completed their full annual training commitment and that confirmation of this may be sought from their chain of command. 5 The meaning of ‘Army Sailing’ in this instance will be interpreted at the discretion of the Chair of the ASA Berthings Sub Committee. Typically, it will include evidence of some or all of the following: organising offshore sailing adventure training expeditions; instructing serving candidates for offshore sailing qualifications and/or examining them; organising sailing for disabled or recovering soldiers; racing for the army on high profile events or fulfilling key roles on British Soldier (skipper, mate, watch leader or event coordinator); assistance through professional qualifications (such as surveying), and involvement in administrative and organizational functions within the ASA or affiliated Regimental and Corps Yacht Clubs. 2

1 Revised April 2015

ASA (Offshore) Standing Instructions; Part 4 4. Joint Ownership of Private Yachts. Joint ownership must be declared to the Berthing Committee at the time of applying for a berth in Dolphin Pool. The primary applicant must be an ASA member and the majority shareholder. At least 50% of the yacht must be owned by ASA member(s). The primary applicant must declare the percentage and ownership of all shares in jointly owned craft, and must also meet the requirements for the allocation of a berth at paragraph 2. The berthing priority will be allocated at the discretion of the committee and will normally be the priority accorded to the primary applicant. 5.

Tenure. Offers of berths will be for: a. Priority 1 Yachts. Normally there will be no limit of tenure for Priority 1 yachts, unless the demand for suitable berths exceeds availability, in which case tenure will be reviewed every 2 years, or if the annual berth fee is not paid promptly. b. All Other Priorities. One calendar year (1 Jan-31 Dec) with no automatic renewal. For AOSC berths only, current year occupants will be displaced in January of the following year if a higher priority application is received.

6. ASA Berthing Sub Committee. The ASA Offshore Berthing Sub-Committee is appointed by RC(Offshore) ASA and will consist of: • • • • • 7.

Chair AOSC Manager/Chief Instructor Regimental / Corps Yachts representative Non serving berth holders’ representative Moorings Sub Committee Secretary

Applying for a Berth. a. Applications. Applications are to be made to the Secretary on the application form published on the ASA Website. The Secretary is to check the requirements of paragraph 2 have been met, and is to maintain a berthing application list in the priority order laid down at paragraphs 2 and 3 for consideration by the ASA Berthing Sub-Committee. b. Withdrawal of applications. If a current or prospective berth holder wishes to withdraw their application this must be communicated to the committee in writing prior to the berthing committee allocation meeting (end of September each year). If an applicant withdraws after berths have been allocated and applicants notified the ASA will expect the balance of the berth to be paid and once a new occupant is found the withdrawing party will be reimbursed in accordance with Para 10.C.

8. Allocation of Berths. The Berthing Sub-Committee will consider applications for yacht berthing in Dolphin Pool for the following season in the autumn of each year, scoring each application on its merit and against the criteria outlined in paragraph 3. The Secretary will maintain a firm allocated berth list and a waiting list. 9.

Notification and Payment. a. Notification. Successful applicants will be informed in writing immediately following the annual berthing meeting. The Secretary will raise bills for berths, which will follow the notification of a berth offer.

2 Revised April 2015

ASA (Offshore) Standing Instructions; Part 4 b. Payment. Payment must be made and cleared funds received by the due date on the invoice. This is absolutely necessary so that the ASA can pay its annual lease fee to RNSA in a timely fashion. c. Non-payment. Failure to pay by the due date on the invoice will invalidate the berth. The ASA in conjunction with RNSA reserve the right to remove yachts that are occupying a berth that has not been paid for. It will be assumed the berth is not required and it will be re-allocated using the waiting list. d. 10.

Acceptance. Acceptance of these rules is assumed when submitting a berth offer.

Berthing Fees. a. Setting of Berth Fees. Berth fees for AOSC will be set annually by the Berthing Committee for the forthcoming year and notified with berth offers. Fees for berths on the RNSA moorings estate will be set by the RNSA (P) Moorings Allocations Committee who meet to allocate berths in January each year. There is a possibility that, as a result of changes applied by the Crown Estates or the MOD to their elements of the charges during a calendar year, surcharges will have to be levied. Such charges are to be paid promptly and in full. b. Rates. Berth holders are accepted for a full year at a flat annual rate. There is no rebate for time out of water or time away from the berth. c. Cancellation. If a berth holder wishes to cancel his berth mid-season, he or she will only receive a proportional rebate based on whole months of the year if the berth is reallocated and an arrangement made with the new bertholder. Yachts allocated a berth in mid-season will be required to pay the former bertholder an appropriate proportional charge from the date of assumption of the mooring to the end of the year.

11. Berth Occupancy. Allocation of berths is to nominated yachts. Holders are not to offer their space or sub-let in any way. Yachts are to retain their allocated space. Privately owned yachts are not to be offered or taken for commercial charter from ASA berths. 12. Unused Yachts. The ASA Marina is not to be used for the storage of yachts6. Yachts occupying ASA berths are to be used regularly7. Owners who do not use their yachts should remove their yachts and cancel their berth. Unused yachts are unlikely to be allocated berths in future years and the ASOC Manager may apply to the Berthing Sub-Committee for an allocation to be cancelled and the owner to be given 1 month to make alternative arrangements. 13. Temporary Berthing. Berthing in AOSC may be available should berths be temporarily empty. Visiting ASA yachtsmen must first seek permission from the AOSC Manager who will brief the MOD Police at Fort Blockhouse as required. A modest mooring fee will be charged, the income from which will go to ASA funds. Also, by prior arrangement with the AOSC Manager, members may be allocated a short-term berth for loading etc. 14. Vacant Berths. All private yacht owners are to notify the AOSC manager when their berths are going to be vacant for longer than 3 weeks. Not only will this assist in the maintenance of security in Dolphin Pool, it will also enable the AOSC manager to allocate temporary berthing to ASA/RNSA members who are visiting Portsmouth Harbour. 6

Exception may be made for owners deploying on operational tours. They should ,however, endeavor to make alternative arrangements before deploying. 7 As a minimum, at least once per calendar month between Mar-Oct inclusive of each year.

3 Revised April 2015

ASA (Offshore) Standing Instructions; Part 4

15. Insurance. Owners must have third party liability of £2M. The ASA will not be responsible for any claim in respect of personal injury or loss of or damage to property. Acceptance of a berth means acceptance of this rule. 16. Winter Lay-Up. There are currently no winter lay-up facilities dedicated for the sole use of ASA members at the AOSC. ASA members are advised that membership of Hornet attracts preferential rates for lay-up and lift-out. 17. Conduct of ASA Berth Holders. ASA marina berth holders are to conduct themselves in accordance with the Army’s Value and Standards at all times whilst within the marina, and are responsible for the good behaviour of their crews, whether civilian or military. 18. Marina Incidents. Berth holders involved in collisions with other yachts or pontoons are to notify the AOSC Manager and the owner of the other yacht(s) as soon as possible afterwards, using any means available. Failure to do this may result in the berth holder being asked to leave the marina. 19. RNSA Affiliate Membership. All berth holders MUST be RNSA Affiliate members for insurance purposes. This is currently £10 a year and brings with it a number of perks including reduced berthing at many marinas and reduced lift out fees at Port Solent. [original signed] N Nottingham OBE Colonel ASA Rear Commodore (Offshore)

4 Revised April 2015