RULES AND CONSTITUTION

ALTRINCHAM SWIMMING CLUB

(Founded May 1992)

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1 Name

1.1 The name of the Club shall be Altrincham Swimming Club hereinafter known as ''The Club''

2 Objects

2.1 The objects of the Club shall be the teaching, development and practice of swimming and the promotion of competitions and championships for its members. In the furtherance of these objectives:

2.1.1 The Club is committed to treat everyone equally within the context of their activity. This shall be, for example, regardless of age, sex, ethnic origin, religion, disability or political persuasion, on any grounds.

2.1.2 The Club shall implement the A.S.A. Equal Opportunities Policy.

2.2 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 ("A.S.A Laws) and in particular:

2.2.1 all competing members shall be eligible competitors as defined in A.S.A. Laws; and

2.2.2 the Club shall in accordance with A.S.A. Laws adopt the A.S.A. Child Protection Procedures 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.

2.2.3 members of the Club shall in accordance with A.S.A. Laws comply with the A.S.A. Child Protection Procedures.

2.3 By virtue of the affiliation of the Club to the Amateur Swimming Association North West Region, the Club and all members of the Club acknowledge that they are subject to the laws and rules of:-

2.3.1 the Cheshire County Water Polo and Swimming Association

2.3.2 the A.S.A. North West Region;

2.3.3 the Amateur Swimming association, to include the A.S.A. / Institute of Swimming (IoS) Code of Ethics;

2.3.4 British Swimming, to include in particular its Doping Control Rules and protocols and Disciplinary Code; and

2.3.5 FINA, the world governing body for the sport of swimming in all its disciplines, together the Governing Body Rules.

2.4 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 Rules shall prevail.

3 Membership

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 Committee 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 activities shall become members of the Club and hence the A.S.A. and the relevant A.S.A. membership fee shall be paid.

3.3 Paid instructors, teachers and coaches who not members of the Club must be members of a body which accepts that its members are bound by 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 Committee but other person(s) authorised by the Committee may make recommendations as to the applicant's acceptability. The Committee 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 practical include one independent member nominated by the A.S.A. North West Region. The person refused membership shall be entitled to make representations the Review Panel. The procedures for review shall be at the discretion of the Review Panel whose decision shall be final and binding.

3.5 The Club shall not refuse an application for membership on discriminatory grounds, whether in relation to ethic origin, age, sex, religion, disability, political persuasion or sexual orientation.

3.6 The Club may refuse membership for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute.

3.7 All membership shall be renewed on an annual basis through the process of re-application not later than 1st January in accordance with Rule 3.9.

3.8 The category of membership shall be in accordance with Rule 3.9.

3.9 The membership of the Club shall be in the following categories:

3.9.1 Senior Members who shall be not less than 17 years of age, shall be eligible to hold office and to attend and vote at Committee and General Meetings.

3.9.2 Junior Members, who shall be less than 17 years of age, shall not be allowed to hold office, attend meetings of the Committee, unless by invitation of the Committee or vote at Committee or General Meetings.

3.9.3 Honorary Members, who shall be elected by the Committee, with the exception of the President or Vice President(s), for such a 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 their ordinary membership of the Club. Such Honorary Members must be included in the Club's annual return as to membership.

3.9.4 Life members, who shall be elected at the Annual general meeting on a recommendation made by the Committee in recognition of outstanding service rendered to the Club. Life members shall be entitled to all the privileges of membership, shall be eligible to attend General Meetings with the power to vote and must be included in the Club's annual return as to membership.

3.9.5 Associate Members, who shall be elected by the Committee in recognition of support or services rendered to the Club. Associate Members shall be entitled to all the privileges of membership included the right to vote at General Meetings, to hold office and be elected to the Committee and must be included in the Club's annual return as to membership. (If they are not given full privileges provide the exceptions).

3.9.6 Temporary Members, who are individuals granted temporary membership by the Committee by virtue of their participation in specific event(s) organised by the Club in conjunction with a Club, Body, Association or Organisation under the provision of the A.S.A. Law on temporary membership.

4 Subscriptions and other Fees

4.1 The annual members subscription and coaches fees (as applicable) 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 session fees shall be due on joining the Club and thereafter on the 1st day of January each year.

4.3 Any member whose subscriptions unpaid by the date falling 30 days after January 1st 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 Any increase in subscriptions shall be advised to the members in writing with the reasons for any increases to be reported to the members at the next Annual General Meeting.

4.5 The officers shall have the power in special circumstances to remit the whole or part of the fees , including the A.S.A. fees, to address issues of social inclusion.

5 Resignation

5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his/her resignation. A member's resignation shall only take effect when agreed by the Committee and there is no outstanding financial commitment or disciplinary action outstanding against the individual and this Rule 5.1 has been complied with

5.2 A member who resigns in accordance with Rule 5.1 above shall not be entitled to have any part of the Annual Membership fee or any other fees refunded.

5.3 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two months in arrears shall be deemed to have resigned. Where the membership of a member shall be terminated in this way, he/she shall be informed in writing that he/she is no longer a member by notice handed to him/her or sent by post to his/her last known address.

5.4 The A.S.A. shall be informed should a member resign when 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 interest of the Club for him/her to remain a member. Upon expulsion the former member shall not be entitled to have any part of the Annual membership fee or other fees refunded and must return any Club or External Body trophy(ies) forthwith. The Club in exercising this power shall comply with the provision of Rules 6.2 and 6.3 below.

6.2 The Club shall comply with the requirements and procedures of A.S.A. Law for handling all Internal Club Disputes as the same may be revised from time to time.

6.3 A member may not be expelled or subject to Rule 6.4 below be made the subject of any other penalty unless the panel hearing the dispute shall by two-thirds majority, vote in favour of the expulsion of, or any other penalty imposed upon, the member

6.4 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 interest of the Club. Where such disciplinary action is taken it shall be dealt with in accordance with A.S.A. Laws and Procedures.

6.5 The Officials in charge of a particular event shall be responsible for the discipline. If further action is required this is to be referred to the Disciplinary Sub Committee. The Disciplinary Sub Committee to be five members, appointed by the Management Committee, of which three members must be present at the 'Disciplinary Hearing'.

6.6 The management Committee reserves the right to expel or disqualify (or any other penalty imposed upon) any member by a majority of two third at any special meeting, provided notice of such expulsion or disqualification is given on the notice calling the meeting and the accused is invited to attend and speak, to call witness and to question witnesses called against him/her. Another person to assist in presenting his/her defence may accompany the member. If the alleged offence is also an infringement of A.S.A. Law the Club shall not deal with the matter but shall make a complaint to the A.S.A. under the A.S.A. Judicial Laws and Rules.

7 Committee

7.1 The Committee shall consist of the Chairman, Secretary, Treasurer, Gala Secretary, Competition Secretary, Membership Secretary, Social Secretary, Welfare officer and Public Relations Officer and "not more than" five other members all of whom must be members of the Club. All Committee members must be over 18 years of age, though the Committee may allow younger members) to attend their meetings as observers without power to vote.

7.2 The Committee members shall be proposed seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. The Committee may fill any vacancy occurring by resignation or otherwise. Retiring members of the Committee shall be eligible for re-election.

7.3 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 such number as shall represent not less than a simple majority of the Committee Members (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 interest of the Club. The Secretary shall give all the members of the Committee not less than seven 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 acting Chairman) of that meeting shall have a casting or additional vote. The Secretary or in his / her absence, a member of the Committee, shall take the minutes.

7.4 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned, to a new 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.

7.5 In a addition to the members so elected the Committee may co-opt up to 2/3 further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall not be entitled to vote at the meetings of the Committee and shall not be counted in establishing whether a quorum is present. Co-opted members must be not less than 18 years of age.

7.6 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.

7.7 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 service of employees 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.

7.8 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.

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 The Committee shall ensure that the financial records and minutes of meetings are retained for a period of at least six years.

7.11 The Committee shall maintain an accident book in which all accidents to Club Members at swimming related activities shall be recorded. Details of such accidents shall be reported to the A.S.A. Office. The Club shall make an annual return to the A.S.A. in the prescribed form.

7.12 The Club shall at the Annual General Meeting "elect" a Welfare Officer, who shall not be a member of the teaching and coaching staff or a member of the family of an officer, committee Member or the teaching and coaching staff. The Welfare Officer shall be a member of the Committee and shall report to the Committee on all aspects of welfare concerning the members of the Club.

7.13 At the first Committee Meeting following the Annual General Meeting the Committee shall appoint the delegates to attend the Council Meetings of the A.S.A. North West Region, Lancashire County Water Polo and Swimming Association and such other bodies and associations to which the Club is affiliated, as required.

7.14 The Committee shall have the power to make regulations and to settle disputed points not otherwise provided for in this Constitution.

8 Officers

8.1 The Officers of the Club shall be The Chairman, Secretary and Treasurer

9 Annual General Meeting

9.1 The Annual General Meeting of the Club shall be held each year on the third Monday in November at the time of 7.00pm. The Committee shall decide the venue for the Annual General Meeting.

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/she 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 by the proposer and seconder to the Secretary not later than 21 days prior to the date of meeting. The nominee shall be required to indicate in writing on the nomination form his/her willingness to attend for election. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not less than 21 days prior to the date of the meeting

10 Special General Meeting

10.1 The Committee may call a Special General Meeting at any time.

10.2 A Special General Meeting shall be called by the Secretary within 28 days of receipt by him/her of a requisition in writing signed by not less than seven members entitled to attend and vote at a General Meeting stating the purpose for which the meeting is required and the resolutions proposed.

11 Procedure at the Annual and Special General Meetings

11.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written notice of the date, time and place of a General Meeting together with the closing date for any resolution to be proposed thereat at least 28 days before the meeting. The Secretary may, alternatively,with the agreement of member(s) concerned distribute these materials by e-mail or similar form of communication, The Notice of the Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.

11.2 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda for the General Meeting together with the resolutions to be proposed thereat at least 14 days before the meeting and in the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the examined accounts. The Secretary may, alternatively, with the agreement of member(s) concerned distribute these materials by e-mail or similar form of communication.

11.3 The quorum of the Annual and Special General Meetings shall be seven members entitled to attend and vote at the meeting including at least one Officer.

11.4 The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and resolutions 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 17th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors.

11.5 The Secretary, or in his / her absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.

11.6 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of such meetings, 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 the A.S.A. North West Region or at a subsequent date decided by the meeting.

12.2 Any member 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 him / her not later than 21 days before the Annual General Meeting or (in the case of a Special General meeting) 14 days before the date of the meeting an therafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in 11.1.

13 by-laws

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 Finance

14.1 All monies payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. No sum above £1000 shall be drawn from that account except by cheque signed by two of the three signatories who shall be the Chairman, Secretary and Treasurer. Any monies not required for immediate use may be invested, as the Committee in its discretion thinks fits.

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 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 1st October and ending on 30th September. Any change to the financial year shall require the approval of the members in a General Meeting.

14.6 The Club shall retain for a minimum of six years all financial records relating to the Club and copies of minutes of all meetings.

15 Property

15.1 The property of the Club, other than cash at the bank, shall be vested in not more than four Custodians. They shall deal with the property as directed by resolution of the Committee and entry in the minute book shall be conclusive evidence of such a resolution.

15.2 The Custodians shall be elected at a General Meeting of the Club and shall hold Office until death or resignation unless removed by resolution passed at a General Meeting.

15.3 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 discharge of their duties.

16 Dissolution

16.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least two thirds of the members present and entitled to vote. A specific date for the dissolution shall be included in the resolution.

16.2 The dissolution shall take effect from the date specified in the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.

16.3 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. .

16.4 The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.

17 Acknowledgement

17.1 The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.

I acknowledge receipt of the rules of Altrincham Swimming Club and confirm my understanding and acceptance that such rules (as amended from time to time) shall govern my membership of the Club. I further acknowledge and accept the responsibility of membership upon members as set out in these rules.

Version October 2007