Bristol Henleaze Swimming Club

RULES of Bristol Henleaze Swimming Club as at 12th November 2003

1. Name
1.1 The name of the Club shall be Bristol Henleaze Swimming Club.
2. Objects
2.1 The objects of the Club shall be the objects of the Amateur Swimming Association. 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.
2.2 The Club shall be affiliated to Gloucester County ASA and Western Counties District ASA (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
2.3.2 The Club shall (see2.3) adopt the ASA Child Protection Procedures; and
2.3.3 Members of the Club shall (see 2.3) comply with the ASA Child Protection Procedures.
2.4 By virtue of the affiliation of the Club to Gloucester County ASA and Western Counties ASA the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1 Gloucester County ASA and Western Counties ASA; and
2.4.2 The Amateur Swimming Association (to include the ASA/ISTC Code of Ethics); and
2.4.3 The Amateur Swimming Federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and the ASFGB 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. 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 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) any limits on total membership (or any category of membership) of the Club.
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.
3.2 Any person who wishes to become a member of the Club must submit a signed application to the Secretary (and in the case of a Junior Members the application must be signed by the swimmer’s parent or guardian). Election to membership shall be in the discretion of the Committee or other person(s) authorised by the Committee. The Committee or such authorised person(s) shall not be required to give reasons for the refusal of any application for membership.
4. Subscription and Other Fees
4.1The annual member’s subscription and coaching and squad fees (as applicable) shall be determined by the Management Committee and the Management Committee shall in so doing make special provision for different classes of membership as it shall determine.
4.2 The member’s annual subscription shall be paid in three instalments; these are due at the start of each school term namely the 1st of January, 1st of May and 1st of September of each year.
4.3 Any member whose subscription is unpaid by the date falling 30 days after the due date for payment may be suspended by the Management Committee from some or all Club activities from a date to be determined by the Management Committee and until such payment is made
4.4 The Management Committee shall 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, result from 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.
5. Resignation
5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his resignation. A member’s resignation shall only take effect when this has been complied with.
5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than a school term in arrears shall 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 handed to him or sent by post to his last known address.
5.3 Members may resign membership at any time in writing. If they do so part way through a school term no monies will be refundable.
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/ her to remain a member.
6.2 The Club shall adopt and comply with the ASA Guidelines for handling Internal Club Disputes (“the Guidelines”) as the same may be revised from time to time. (The Guidelines are set out as an Appendix to the ASA Judicial Laws and appear in the ASA Handbook. A copy of the current Guidelines may be obtained from the ASA Legal Affairs Department).
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 complaint shall by a two-thirds majority vote in favour of the expulsion of or other penalty imposed upon the member.
6.4 The Officers of the Club (or any person to whom the Management 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 Guidelines.
6.5 Any complaints must be referred the Management Committee in writing
7. Management Committee
7.1 The Management Committee shall consist of the
(a) Chairperson
(b) Vice Chairperson
(c) Treasurer
(d) Secretary
(e) Gala Secretary
(f) Membership Secretary
(g) Team Manager
(h) Chief Coach
(i) Development Coach
(j) Swim School Representative
(k) Parent Representative (2)
(l) Swim 21 Representative
And up to 6 elected members all of whom must be members of the Club. All Management Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend its meetings as observers without power to vote.
7.2 The Management Committee members shall be proposed seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Management Com­mittee. Members of the Management Committee are obliged to retire at the next Annual General Meeting but shall be eligible for re-election.
7.3 Management Committee meetings shall be held once a month (save where the Management Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be made up of five members to include not less than one Officer. The Chairperson and the Secretary shall have discretion to call further meetings of the Management Committee if they consider it to be in the interests of the Club. The Secretary shall give all the members of the Management 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 Chairperson or the acting Chairperson of that meeting shall have a casting additional vote. The Secretary, or in his or her absence a member of the Management Committee, shall take 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 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 Chairperson 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 addition to the members so elected the Management Committee may co-opt up to six 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 Management Committee but shall not be counted in establishing whether a quorum is present.
7.6 The Management Committee may from time to time appoint (from among its number) such sub-committees as it may consider necessary (and to remove or vary the terms of reference of such sub-committees) and may delegate to them such of the powers and duties of the Management Committee as the Management Committee may determine. All sub-committees shall periodically report their proceedings to the Management Committee and shall conduct their business in accordance with the directions of the Management Committee.
7.7 The Management 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.
7.8 The members of the Management Committee shall be entitled to an indemnity out of the assets of the Club for all expenses and other liabilities properly incurred by them in the management of the affairs of the Club.
8. Officers and Honorary Members
8.1 The Officers (chairperson, secretary and treasurer) and Management Committee of the Club shall be proposed seconded and elected by ballot 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 Management Committee. Retiring officers shall be eligible for re-election.
8.2 The Annual General Meeting of the Club may elect a President and Vice-Presidents. A President or Vice-President need not be a member of the association but 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 Management 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 Management 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.
8.4 The Club consists of
Honorary members
Senior Members (over 18 years)
Junior Members (under 18 years)
Associate Members
Parents of swimmers may become associate members upon payment of a subscription and acceptance.
9. Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year in March. The date for the Annual General Meeting shall be fixed by the Management Committee.
9.2 The purpose of the Annual General Meeting is to transact the following business:
9.2.1 To receive the Chairperson’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 Management Committee or a member of the family of a member of the Management Committee) or confirm that he remain in office;
9.2.4 To elect the Officers and other members of the Management Committee;
9.2.5 To decide on any resolution which has been submitted in accordance with Rule 9.3.
9.3 Nominations for election of members to any office or for membership of the Management Committee shall be made in writing by the 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 less than 21 days before the AGM.
9.4 A list of nominations must be available for inspection at least 48 hours before the AGM
9.5 Any voting members, unable to attend AGM or any Special Meeting may vote on any item of the Agenda, subject to their written proxy vote being handed to the Secretary or his/her nominee prior to the meeting.
10 Special General Meeting
10.1 A Special General Meeting may be called at any time by the Management Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him or her of a requisition in writing signed by not less than 20 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.
11. Procedures 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 their last known address written notice of the date, time and place of 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 Management Committee posts and a copy of the examined accounts. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.
11.2 The quorum for the Annual and Special General Meetings shall be five members entitled to attend and vote at the Meeting.
11.3 The Chairperson, or in their absence a member selected by the Management 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 12.2. In the event of an equality of votes the Chairman shall have a casting additional vote. Paid up members who have reached their 14th birthday shall be entitled to be heard and to vote on all matters. Members who have not reached their 14th 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 Management Committee, shall take minutes at the Annual and Special General Meetings.
11.5 The Chairperson 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 voting at the General Meeting. No amendment to the rules shall become effective until such amendment shall have been submitted to and validated by Gloucester County ASA.
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 not later than 21 days 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. By-Laws
13.1 The Management Committee shall have power to make, repeal and amend such by-laws as they may consider necessary for the well being of the Club which by-laws, repeals and amendments shall have effect until set aside by the Management Committee or at a General Meeting.
14. Finance
14.1 All money payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. No sum shall be drawn from that account except by cheque signed by two of the three signatories who shall be the Chairperson, Secretary and Treasurer or other appointed officials of the Club. Any money not required for immediate use may be invested as the Management Committee thinks fit.
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, save as set out in Rule 17.3.
14.3 The Management 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 Management Committee think fit.
14.5 The financial year of the Club shall be the period commencing on 1st January and ending on 31st December. Any change to the financial year shall require the approval of the members in a General Meeting.
15. Borrowing
15.1 The Management Committee may borrow money on behalf of the Club for the purposes of the Club 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.
16. Property
16.1 The property of the Club, other than cash at the bank, shall be directed by resolution of the Management Committee and entry in the minute book shall be conclusive evidence of such a resolution.
17. Dissolution
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 Management 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 objectives similar to those of the Club for the furtherance of such objectives) nominated by the last Management Committee.
18. Acknowledgement
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.
The following statement should appear on Club membership forms and should be signed by the member and must also be countersigned by parent or guardian of members under 18 years of age.
'I acknowledge receipt of the rules of Bristol Henleaze 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 responsibilities of membership upon members as set out in these rules.'