Portsmouth Northsea Swimming Club
The Clubs Constitution
RULES of Portsmouth Northsea Swimming Club Jan 2017
1.1 The name of the Club shall be Portsmouth Northsea Swimming Club.
2.1 The objects of the Club shall be the teaching, development and practice of swimming, for its members and shall, where appropriate, be to compete. In the furtherance of these objects:
2.1.1 The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.
2.1.2 The Club believes that the welfare of children is everyone’s responsibility and that all children and young people have a right to have fun, be safe and be protected from harm and shall implement the ASA. Equal Opportunities policy
2.2 The Club shall be affiliated to ASA South East Region (and shall adopt and conform to the rules of such association) and such other bodies as the Club may determine from time to time.
2.3 The business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the Amateur Swimming Association (“ASA Laws”) and in particular:
2.3.1 all competing members shall be eligible competitors as defined in ASA Laws; and shall recognise that the welfare of children is everyone’s responsibility and that all children and young people have a right to have fun, be safe and be protected from harm.
2.3.2 the Club shall in accordance with ASA Laws adopt the ASA Child Safeguarding Procedures; and
2.3.3 members of the Club shall in accordance with ASA Laws comply with the ASA Child Safeguarding Procedures.
2.4 By virtue of the affiliation of the Club to ASA South East Region the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1 ASA South East Region and Hampshire ASA; and
2.4.2 the Amateur Swimming Association;(to include the ASA/IOS Code of Ethics); and
2.4.3 British Swimming (to include in particular the British Swimming Doping Control Rules and Protocols and British Swimming Disciplinary Code); and
2.4.4 FINA, the world governing body for the sport of swimming in all its disciplines (together “the Governing Body Rules”)
2.5 In the event that there shall be any conflict between any rule or by-law of the Club and any of the Governing Body Rules then the relevant Governing Body Rule shall prevail
3.1 The total membership of the Club shall not normally be limited. If however the Committee considers that there is a good reason to impose any limit from time to time then the Committee shall put forward appropriate proposals for consideration at a General Meeting of the Club. The members shall have the right to impose (and remove) from time to time any limits on total membership (or any category of membership) of the Club.
3.2 All persons who assist in any way with the club’s activities shall become members of the club and hence of the ASA and the relevant ASA membership fee shall be paid. Assisting with the club’s activities shall include, but not be restricted to, administrators, associate members, instructors, teachers and coaches, whether employed, self employed or voluntary, committee members, helpers, honorary members, life members, officers, patrons, presidents, technical and non-technical officials, temporary members, vice presidents and verifiers or tutors of the ASA’s educational certificates.
3.3 Paid instructors, teachers and coaches who are not members of the Club must be members of a body which accepts that its members are bound by the A.S.A.’s Code of Ethics, the Laws relating to Child Protection and those parts of the Judicial Laws, Judicial Rules and procedures necessary for their implementation and whilst engaged in activities under the jurisdiction of the A.S.A. shall be subject to all the constraints and privileges of the Judicial Laws and Rules.
3.4 Any person who wishes to become a member of the Club must submit a signed application to the Membership Secretary (and in the case of a junior swimmer the application must be signed by the swimmer’s parent or guardian). Election to membership shall be determined by the Membership Secretary but other persons(s) authorised by the Committee may make recommendation as to the applicants acceptability. The Membership Secretary shall be required to give reasons for the refusal of any application for membership. Any person refused membership may seek a review of this decision before a review panel appointed by the Committee comprised of not less than three members (who may or may not be members of the Committee). The panel shall (wherever practicable) include one independent member nominated by the ASA South East Region. The person refused membership shall be entitled to make representations to the Review Panel. The procedures for review shall be at the discretion of the Review Panel whose decision shall be final and binding. The club shall not refuse an application for membership on discriminatory grounds, whether in relation to ethnic origin, age, sex, religion, disability, political persuasion or sexual orientation.
3.5 The Club shall not refuse an application for membership on discriminatory grounds, whether in relation to ethnic origin, sex, religion, disability, political persuasion or sexual orientation.
3.6 The Club may refuse membership only for good and sufficient cause, such as conduct or character likely to bring the Club or the sport into disrepute, or, in the case of a swimmer, being unable to achieve the entry standards as laid down and provided by the Club to the applicant for membership.
4. Subscription and Other Fees
4.1 The annual members’ subscription and squad fees shall be determined from time to time by the Committee and the Committee shall in so doing make special provision for different classes of membership as it shall determine.
4.2 The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter on the first day of January each year.
4.3 Any member whose subscription or squad fees is unpaid by the date falling 30 days after the due date for payment may be suspended by the Committee from some or all Club activities from a date to be determined by the Committee and until such payment is made
4.4 The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees. This shall include the power to make such increase in the subscription as shall, where the Club pays the individual ASA Membership Fees to the ASA on behalf of members, be consequential upon an increase in individual ASA membership fees. Any increase in subscriptions shall be advised to the members in writing with the reasons for any increase to be reported to the members at the next Annual General Meeting.
4.5 The Executive Officers (or the Committee) shall have the power in special circumstances to remit the whole or part of the fees, including the A.S.A. membership fees, to address issues of social inclusion.
5.1 A member wishing to resign membership of the Club must give to the Membership Secretary 1 month written notice of their resignation on or before the 1st day of the month and fees will be due for that month. Any written resignation received after the 1st of the month will be accepted for the subsequent month. Membership Fees for the resignation period will be due in full. A member’s resignation shall only take effect when this (Rule 5.1) has been complied with.
5.2 The member who resigns from the Club in accordance with Rule 5.1 above shall not be entitled to have any part of the annual membership fee or any other fees returned.
5.3 Notwithstanding the provisions of Rule 5.1 above a member whose subscription or squad fee is more than two months in arrears may be deemed to have resigned. Where the membership of a member shall be terminated in this way he shall be informed in writing that he is no longer a member by notice, by email or sent by post to his last known address.
5.4 The A.S.A. Membership Department shall be informed should a member resign when still owing money or goods to the Club.
6. Expulsion and other Disciplinary action
6.1 The Committee shall have power to expel a member when, in its opinion, it would not be in the interests of the Club for him to remain a member.
6.2 Upon expulsion the former member shall not be entitled to have any part of the annual membership fee to be refunded and must return any Club or external body’s trophy or trophies held forthwith. Clubs in exercising this power are required to comply with the provision of Rules 6.3 and 6.4 below.
6.3 The Club shall comply with the relevant Judicial Rules for handling Internal Club Disputes (“the Rules”) as the same may be revised from time to time. The Rules are set out in the A.S.A. Judicial Laws and appear in the A.S.A. Handbook. (A copy of the current Rules may be obtained from the A.S.A. Department of Legal Affairs.)
6.4 A member may not be expelled or (subject to Rule 6.5 below) be made the subject of any other penalty unless the panel hearing the complaint shall by a two-thirds majority vote in favour of the expulsion of (or other penalty imposed upon) the member.
6.5 The Officers of the Club (or any person to whom the Committee shall delegate this power) may temporarily suspend or exclude a member from particular training sessions and/or wider club activities, when in their opinion; such action is in the interests of the Club. Where such action is taken the complaint will thereafter be dealt with in accordance with the appropriate Judicial Rules.
7.1 The Committee shall consist of the Chairman, Secretary, and Treasurer, Membership Secretary and Meet Secretary, as required to manage specific activities of the Club (together the Officers of the Club”) and other elected members all of whom must be members of the Club. All Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend their meetings as observers without power to vote.
7.2 The Committee shall appoint a member of the Club as Welfare Officer who must be not less than 18 years of age, who should have an appropriate background and who is required to undertake appropriate training in accordance with A.S.A Child Safeguarding courses. The Welfare Officer will have a right to attend Committee meetings without a power to vote.
7.3 The Committee members shall be proposed, seconded and elected at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Com¬mittee. Retiring members of the Committee shall be eligible for re-election.
7.4 Committee meetings shall be held not less than once a month (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be five, (to include not less than one Officer). The Chairman and the Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interests of the Club. The Secretary shall give all the members of the Committee not less than two days oral (or) written notice of a meeting. Decisions of the Committee shall be made by a simple majority and in the event of equality of votes the Chairman (or the acting Chairman of that meeting) shall have a casting or additional vote. The Secretary, or in his absence a member of the Committee, shall take minutes.
7.5 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned to the time and date falling seven days after the date of the meeting, or such other date and time as may be determined by the Chairman. If a quorum is not present at the adjourned meeting then those Committee members attending may act for the purpose of calling a Special General Meeting of the members, to which the provisions as to minimum notice contained in Rule 11.1 shall not apply.
7.6 In addition to the members so elected the Committee may co-opt up to 4 further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall be entitled to vote at the meetings of the Committee and shall not be counted in establishing whether a quorum is present.
7.7 The Committee may from time to time appoint from among their number such sub-committees as they may consider necessary (and to remove (in whole or in part) or vary the terms of reference of such sub-committees) and may delegate to them such of the powers and duties of the Committee as the Committee may determine. All sub-committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the directions of the Committee.
7.8 The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms and conditions of services of employees and contractors of the Club. The Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that the Accounts of the Club for each financial year be examined by an independent examiner to be appointed by the members in General Meeting. The Committee shall also have power to make regulations and to settle disputed points not otherwise provided for in the Constitution.
7.9 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.
7.10 Any topic for discussion at a committee meeting in which an officer or a committee member has an interest, he will declare his interest and leave the meeting, taking no part in the discussion. He will rejoin the meeting after the discussion and any relevant voting has been concluded.
7.11 The Committee shall have power to make regulations, create by-laws (see Rule 13.1) and to settle disputed points not otherwise provided for in this Constitution.
8. Officers and Honorary Members
8.1 The Officers and Committee of the Club shall be proposed, seconded and elected by show of hands at the Annual General Meeting and shall hold office until the next Annual General Meeting when they shall retire. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring officers shall be eligible for re-election.
8.2 The Annual General Meeting of the Club, if it thinks fit, may elect a President and Vice-Presidents. A President or Vice-President need not be a member of the association and on election shall, ex officio, be an honorary member of the Club and must be included in the Club’s Annual Return of Members to the ASA.
8.3 The Committee may elect any person as an honorary member of the Club for such period as they think fit and they shall be entitled to all the privileges of membership except that they shall not be entitled to vote at meetings and serve as officers or on the Committee unless any such person shall have retained in addition his ordinary membership of the Club. Such honorary members must be included in the Club’s annual return as to membership.
9. Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year on a date falling within the period 1 December (“the Opening Date”) and 31 January (“the Closing Date”). The date for the Annual General Meeting shall be fixed by the Committee
9.2 The purpose of the Annual General Meeting is to transact the following business:
9.2.1 to receive the Chairman’s report of the activities of the Club during the previous year;
9.2.2 to receive and consider the accounts of the Club for the previous year and the report on the accounts of the independent examiner and the Treasurer’s report as to the financial position of the Club;
9.2.3 to remove and elect the independent examiner (who must not be a member of the Committee or a member of the family of a member of the Committee) or confirm that he remain in office;
9.2.4 to elect the Officers and other members of the Committee;
9.2.5 to decide on any resolution which may be duly submitted in accordance with Rule 9.3.
9.3 Nominations for election of members to any office or for membership of the Committee shall be made in writing with a proposer and seconder to the Secretary not later than 21 days before the AGM). The nominee shall be required to indicate in writing on the nomination form his willingness to stand for election. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not later than 21 days before the AGM.
10. Special General Meeting
10.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him of a requisition in writing signed by not less than 7 members entitled to attend and vote at a General Meeting or (if greater) such numbers as represents one-tenth in number of such members stating the purposes for which the meeting is required and the resolutions proposed.
11. Procedure at the Annual and Special General Meetings
11.1 The Secretary shall prepare the notification of the Annual General Meeting and it shall be published on the club website and via email to the club membership list. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists. In the week prior to the AGM meeting a copy of the examined accounts will be made available upon written request by members.
11.2 The quorum for the Annual and Special General Meetings shall be 7 members entitled to attend and vote at the Meeting or (if greater) such number as represents one-tenth in number of such members.
11.3 The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and resolu¬tions shall be passed by a simple majority. For the procedures for submitting resolutions to be considered at a General Meeting members are referred to Rule 9.3. In the event of an equality of votes the Chairman shall have a casting or additional vote. Paid up members who have reached their 16th birthday shall be entitled to be heard and to vote on all matters. Members who have not reached their 16th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors.
11.4 The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
11.5 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of such meeting, the sole interpreter of the Rules of the Club.
12. Alteration of the Rules and other Resolutions
12.1 The rules may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a majority of at least two-thirds of members present and entitled to vote at the General Meeting. No amendment to the rules shall become effective until such amendment shall have been submitted to and validated by ASA South East Region.
12.2 Such number of members as represent one-tenth in number of the members entitled to attend and vote at a General Meeting shall be entitled to put any proposal for consideration at any General Meeting provided the proposal in writing shall have been handed to or posted to the Secretary of the Club so as to be received by them not later than 21 days prior to the meeting in the case of the Annual General Meeting or (in the case of a Special General Meeting) 14 days before the date of the meeting and thereafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 11.1
13.1 The Committee shall have power to make, repeal and amend such by-laws as they may from time to time consider necessary for the well being of the Club which by-laws, repeals and amendments shall have effect until set aside by the Committee or at a General Meeting.
14.1 All moneys payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. Club cheques must be signed by two of the nominated signatories who shall be the Chairman, Secretary and Treasurer or other person authorised at the General Meeting. The Treasurer or other nominated signatory may pay club invoices and other monies due by BACS payments. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit. The Chairman and Club Treasurer will ensure an audit trail will be in place for all monies paid. A monthly report shall be provided to the Committee.
14.2 The income and property of the Club shall be applied only in furtherance of the objects of the Club and no part thereof shall be paid by way of bonus, dividend or profit to any members of the Club.
14.3 The Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the Club and to any other person or persons for services rendered to the Club.
14.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee think fit.
14.5 The financial year of the Club shall be the period commencing on 1 September and ending on 31 August. Any change to the financial year shall require the approval of the members in a General Meeting.
14.6 The Committee shall retain all financial records relating to the club and copies of Minutes of all meetings for a minimum period of six years and the current year.
15.1 The Committee may borrow money on behalf of the Club for the purposes of the Club from time to time at their own discretion [up to such limits on borrowing as may be laid down from time to time by the General Meeting] for the general upkeep of the Club or with the prior approval of a General Meeting for any other expenditure, additions or improvements.
15.2 When so borrowing the Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sums or sums of money in such manner or on such terms and conditions as it thinks fit, and in particular by mortgage of or charge upon or by the issues of debentures charged upon all or any part of the property of the Club.
15.3 The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums so borrowed.
16.1 Assets are defined as property owned by the club, other than cash at the bank. The Chairman shall appoint Custodians of assets owned by the club following nomination and agreement by the club Committee. The custodians will remain in place until either the custodian requests to stand down from the responsibility or the Committee consider it appropriate to appoint a replacement Custodian.
16.2 The Custodians shall be entitled to an indemnity out of the property of the Club for all expenses and other liabilities properly incurred by them in the discharge of their duties.
16.3 The club shall reserve right to audit any assets owned to ensure they are both accounted for and appropriately cared for.
17.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three – quarters of the members present and entitled to vote.
17.2 The dissolution shall take effect from the date of the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.
17.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be given to a charity or charities (or other non-profit making organisation having objects similar to those of the Club for the furtherance of such objects) nominated by the last Committee.
18.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.