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- club constitution

 

CONSTITUTION, BYE-LAWS AND REGULATIONS

NORTH AYRSHIRE AMATEUR SWIMMING CLUB

CONSTITUTION, BYE-LAWS AND REGULATIONS

 

INDEX

Constitution

SECTION C1.0 NAME

 

SECTION C2.0 OBJECTIVES

 

SECTION C3.0 MEMBERSHIP

 

SECTION C4.0 GOVERNANCE

 

SECTION C5.0 MANAGEMENT

 

SECTION C6.0 MEETINGS

C6.1 General Meetings

C6.2 Annual General Meeting (AGM)

C6.3 Extraordinary General Meeting (EGM)

C6.4 Management Committee Meetings (MCM)

 

SECTION C7.0 FINANCE AND ACCOUNTS

 

SECTION C8.0 DISCIPLINE

 

SECTION C9.0 AWARDS

 

SECTION C10.0 TROPHIES

 

SECTION C11.0 DISSOLUTION

 

Bye-Laws

SECTION BL1.0 (not used)

 

SECTION BL2.0 (not used)

 

SECTION BL3.0 MEMBERSHIP

 

SECTION BL4.0 (not used)

 

SECTION BL5.0 MANAGEMENT

 

SECTION BL6.0 MEETINGS

BL6.1 General

BL6.2 Annual General Meeting (AGM)

BL6.3 Extraordinary General Meeting (EGM)

BL6.4 Management Committee Meetings (MCM)

 

SECTION BL7.0 FINANCE AND ACCOUNTS

 

SECTION BL8.0 DISCIPLINE

BL8.1 Suspension and Fines

BL8.2 Grievances

BL8.3 Complaints

BL8.4 Appeals

 

SECTION BL9.0 AWARDS

BL9.1 Life Membership

 

SECTION BL10.0 TROPHIES

 

SECTION BL11.0 EQUAL OPPORTUNITY

 

Regulations

Regulations are specific to the individual Club needs.

However, to comply with the requirements of SASA Constitution C10.2.3 the following Regulations must be produced: -

Club Grievance Procedure

Child Protection Officer Appointments and ToRs

CONSTITUTION

C1.0 NAME

C1.1 The Club shall be called NORTH AYRSHIRE AMATEUR SWIMMING CLUB

(Hereinafter referred to as the Club)

 

C2.0 OBJECTS

a)     The Club’s purpose as a registered charity is defined by the following statement of objects:

 

         To advance the public participation in swimming by promoting and managing the teaching, knowledge and practice of swimming.

         To promote the benefits of physical activity and its associated benefits through swimming development, teaching and coaching of swimming.

 

C3.0 MEMBERSHIP

C3.1 The membership shall consist of the following categories: -

a) Adult Member

An Adult is an individual 16 years and over, as recognised in Law.

b) Junior Member

A Junior is an individual not recognised in law as an adult and not as defined in Scottish Swimming Company Rule R4.5.6.

c) Life Member

d) Associate Member

 

C3.2 Membership fees shall be as agreed at each Annual General Meeting

.

C3.3 All Club Members must be registered with the SASA in accordance with the categories defined in SASA Constitution C3.3.3

 

C3.4 All members joining the Club shall be deemed to accept the terms of this Constitution, the Club Bye-Laws and any Regulations adopted by the Club.

 

C3.5 The Management Committee shall have the power to turn down an application for membership, provided they act in accordance with Club Bye-Law BL3.6.

 

C4.0 GOVERNANCE

C4.1 The Club shall be subject to and bound by, the Scottish Swimming Governance Documentation (SASA Constitution, Company Articles and Company Rules) and the appropriate SASA District Rules insofar only that the Scottish Swimming Governance Documentation and SASA District Rules are compatible with the Club’s charitable objects as set out at clause C2.0.

 

 

C4.2 The Club shall comply with the Scottish Swimming Codes of Conduct, Ethics and Child Protection Guidelines.

 

C4.3 The Club shall be governed by its Constitution, Bye-Laws and Regulations.

 

C4.4 Amendments to the Constitution shall only be made at a General Meeting, provided at least a two-thirds majority of those present and voting is secured.

 

C4.5 Amendments to the Bye-Laws shall only be made at a General Meeting provided a simple majority of those present and voting is secured.

 

C4.6 The Management Committee shall have the power to publish and enforce such Regulations, as the Committee feels necessary to govern the activities of the Club.

5.0 MANAGEMENT

C5.1 The affairs of the Club shall be conducted by a Management Committee, which shall consist of the Officers of the Club plus ten other Adult Members and ex-officio members, set out in Bye-Law BL5.1

 

C5.2 The Officers of the Club, who shall be honorary, shall consist of a President, Vice-President, Treasurer and Secretary who shall be elected at an Annual General Meeting, as shall be the said Adult Members.

 

C5.3 If the post of any Officer or Adult committee member should fall vacant after such an election, the Management Committee shall have the power to fill the vacancy.

 

C5.4 All Management Committee members shall be Adult members of the Club.

 

C6.0 MEETINGS

C6.1 General Meetings

C6.1.1 Notices

At least 30 days notice and the Agenda shall be given to all Adult members of any General Meeting

 

C6.1.2 Attendance

All Adult Members and Life Members are entitled to attend, take part and vote unless specifically excluded from doing so by the Club’s Constitution.

 

C6.1.3 Voting

a) With the exception of changes to the Constitution, decisions put to a vote shall be resolved by simple majority at General Meetings.

b)     Voting shall be by a show of hands unless decided otherwise by a majority of those attending the meeting.

 

C6.1.4 Quora

The quorum at General Meetings shall be two Officers of the Club plus eight members eligible to vote.

 

C6.1.5 Changes to the Constitution and Bye-Laws

a)    A proposal to change the Constitution or Bye-Laws must be submitted in writing to the Secretary, signed by two members eligible to vote at a General Meeting.

b)     Any changes to Section C2.0 require the consent of the Office of the Scottish Charity Regulator (OSCR) prior to any change being adopted. Any other changes to the Constitution must be notified to OSCR within three months of the change being made.

 

C6.2 Annual General Meeting (AGM)

C6.2.1 The club shall hold an Annual General Meeting in the month of December to:

         Approve the minutes of the previous year’s AGM

         Receive reports from the President and Secretary.

         Receive a report from the Honorary Treasurer and approve the Annual Accounts.

         Receive a report from the Auditor(s)/Independent Examiners(s)

         Elect Management Committee Members

         Appoint Auditor(s)/Independent Examiners(s) for the Club’s Accounts

         Consider changes to the Constitution

         Consider changes to the Bye-Laws

         Present Life Membership(s)

         Deal with other relevant business

 

Extraordinary General Meeting (EGM)

C6.3.1 An Extraordinary General Meeting shall be called by an application in writing to the Secretary supported by at least ten Adult Members of the Club. The Management Committee shall also have the power to call an EGM by decision of a simple majority of its members.

 

C6.4 Management Committee Meetings

C6.4.1 The club shall hold Management Committee Meetings no less frequently than every three months.

 

C6.4.2 A Management Committee Meeting shall be called by the Secretary when there is business to transact or on request of an Officer of the Club or by an application in writing by at least seven Adult Members of the Club.

 

C6.4.3 A quorum for Management Committee Meetings shall be at least one Officer of the Club.

 

C64.4 The business of the meeting shall be enacted in accordance with Section 6 of the Bye-laws.

 

C7.0 FINANCE & ACCOUNTS

C7.1 The financial year shall run from 1st October to 30th September each year.

 

C7.2 The honorary Treasurer shall be responsible for the preparation of Annual Accounts of the Club.

 

C7.3 The Accounts shall be audited / examined by an independent person(s) elected annually at the Annual General Meeting.

 

C7.4 All cheques drawn against the Club’s funds shall be signed by a minimum of two Officers of the Club.

 

C7.5 The Management committee can enter into contracts and/or partnerships, on behalf of the Club, provided each proposal is fully discussed at and recorded in the minutes of a quorate committee meeting prior to the commitment being made.

 

C7.6 All members of the Management Committee shall be jointly responsible for the financial liabilities of the Club

 

C7.7 Any surplus of the Club’s income will be re-invested in the Club and not Distributed to its members.

 

C7.8 No remuneration may be paid to the Trustees beyond the reimbursement of expenses properly incurred in pursuit of the Club’s objects.

 

C7.9 The Club’s assets must not be distributed or otherwise applied other than for charitable purposes, as agreed by OSCR.

 

C8.0 DISCIPLINE

C8.1 The Management Committee may take action (e.g. fine, suspend or cancel membership) against any Club Member proved guilty of infringing the Club Regulations or acting in such a manner as to bring disrepute to the Club. Such action shall only be taken if the principles and procedures embodied in the Complaints, Appeals and suspension and Fines section of the Scottish Swimming Governance Documentation have been applied.

 

C8.2 All Grievances, Complaints and Appeals, except for doping, child abuse or alleged criminal offences, shall be deal with the accordance with Section 8 of the Club Bye-Laws.

 

C8.3 Grievances and Complaints involving doping, child abuse or other criminal offences shall be referred to the Scottish Swimming Chief Executive within 48 hours, in accordance with SS Company Rule R123.1.4

 

C9.0 AWARDS

C9.1 Nomination and selection procedures shall be in accordance with Section 9 of the Bye-Laws

 

C10.0 TROPHIES

C10.0 All trophies belong to the Club in perpetuity and cannot be won outright.

C10.2 The Club Honorary Treasurer shall act as Trustee of Club Trophies.

 

C11.0 DISSOLUTION

C11.1 In the event of the dissolution of the Club, any funds, property and other assets shall not be distributed amongst the members of the Club in any way whatsoever, but shall be applied solely for charitable purposes, as agreed by OSCR.

C11.2 So long as three members agree to support the Club it cannot be dissolved.

 

C12.0 DEFINITIONS

C12.1 The defintions noted below shall apply for the purposes of this Constitution.

(a)  “Charity” shall mean a body on the Scottish Charity Register which is also regarded as a charity in relation to the application of the Taxes Acts.

(b)  The expression “charitable purposes” shall mean a charitable purpose under Section 7 of the Charities and Trustee Investment (Scotland) Act 2005 which is also regarded as a charity in relation to the application of the Taxes Acts.

 

 

 

BYE-LAWS

BL1.0 Not used

BL2.0 Not used

BL3.0 MEMBERSHIP

BL3.1 The subscription of existing members (agreed at the AGM) shall become due on 1 January in each year and those of new members on the date of acceptance for membership

 

BL3.2 Members not renewing by 31 March will be deemed to be non-members and will be notified in writing accordingly.

BL3.3 All members will be excluded from taking part in any of the Clubs activities, competitions or meetings until their annual subscription is paid.

BL3.4 A member wishing to resign from the Club shall inform the Secretary in writing.

BL3.5 A Club member wishing to change their 1st or 2nd Claim Club must do so in accordance with SS Company Rule R5.2.

 

BL3.6 When an application for membership is turned down by the Management Committee; the applicant must be advised of the reason and their right of appeal to Scottish Swimming, in writing.

BL4.0 Not used

BL5.0 MANAGEMENT

BL5.1 The Management Committee shall comprise the Officers of the Club (as defined in paragraph C5.2), Head Coach or one other coach nominated by the Head Coach who will be ex-officio members, Gala Convenor, Newsletter/Press Convenor, Kit Convenor, Fund Raising Convenor, Trophy Convenor, Technical Convenor, sponsorship Convenor, Child Protection Officer, Team Manager, Club Girl and Boy Captains will be ex-officio members. Such other persons as may be co-opted by the committee on such terms as the committee may decide.

 

BL5.2 The term of office for President, Secretary and Treasurer shall be three years, one retiring annually in rotation.

BL5.3 The Vice President, the Assistant and Meet Secretaries shall be elected for a term of two years.

BL5.4 The term of office for the other Adult Members shall be two years, half retiring annually.

 

BL5.5 Retiring members of the Management Committee may offer themselves for re-election

.

BL5.6 Management Committee member(s) elected or co-opted to fill a vacancy part way through a term of office shall retire in sequence with the original order of rotation.

BL5.7 Management Committee members co-opted by the committee shall be subject to endorsement at the first EGM or AGM thereafter.

 

BL5.8 The Management Committee shall be responsible for:

.

a) The organisation of swimming activities as may be requested by other bodies.

b) Arrangie voting for the Boy and Girl Captains in January every three year or when necessary.

c) Considering and approving or otherwise nominations for Life Membership of the Club.

 

BL5.9 The Management Committee shall appoint such sub-committees as may be considered necessary.

 

BL5.10 The Management Committee shall appoint at least one Child Protection Officer (CPO) who has attended a Scottish Swimming approved training course.

 

BL6.0 MEETINGS

BL6.1 General

BL6.1.1 At all meetings, if a quorum is present, the Chair shall be taken not later than fifteen minutes after the appointed time of the meeting.

BL6.1.2 All Members when called to order at any meeting or gathering of the Club and not complying to the “rule of order” shall be expelled from the meeting.

BL6.1.3 The Chairperson at all meetings of the Club shall be the President In the absence of the President, the Vice President shall substitute. In the absence of the President and Vice President, those in attendance shall appoint a substitute.

BL6.1.4 In the event of equality of votes in any resolution before the meeting, which requires a choice to be made for the continued good governance of the Club, the Chairperson of a meeting shall have a second or casting vote.

 

BL6.1.5 The Chairperson of a meeting shall be the sole judge of questions of order and interpreter of the “rules” governing the Club.

BL6.1.6 The Chairperson shall not speak to, oppose or move any motion from the Chair. In order to do so, they shall vacate the Chair until that business is concluded. The meeting shall be presided over by a substitute Chairperson elected from among those present.

BL6.1.7 The minutes of all meetings will be circulated to Adult and Life Members.

BL6.2 Annual General Meeting (AGM)

BL6.2.1 The Secretary shall give written notice of not less than 30(thirty) days prior to the date of the AGM. This notice shall be published on the Club notice board and circulated to all Adult and Life Members.

BL6.2.2 Appended to the notice of intimation of an AGM shall be the Agenda, minutes of the last AGM, a note of the process governing alteration to the Constitution, Bye-Laws and nomination for the Management Committee.

BL6.2.3 Nominations for Officers of the Club and other members of the Management Committee shall be submitted in writing, signed by two Adult Members and the nominee, to the Secretary no later than 20 November.

BL6.2.4 Proposed alterations to the Constitution and Bye-Laws and notices of motion must be received by the Secretary not later than 20 November.

 

BL6.2.5 Having received all nominations and proposed alterations, the Secretary shall arrange for this information to be displayed on the Club notice board at least 7(seven) days before the meeting

.

BL6.2.6 The order of business for an AGM shall include:

a) Presidents Remarks

b) Apologies for Absence

c) Approval of minutes from previous AGM & matters arising.

d) Hon. Secretary Report

e) Coaches report

f) Financial Report

g) Proposed changes to Constitution

h) Proposed changes to Bye-Laws

i) Election of Management Committee Members

j) Appointment of Auditors / Independent Examiners

k) Life Membership Awards)

l) Other relevant business

 

BL6.3 Extraordinary General Meeting (EGM)

BL6.3.1 The Secretary will give notice, in writing of all Extraordinary General Meetings, stating the Agenda, to all Adult and Life Members at least 30 days prior to such meetings being held

.

BL6.3.2 The order of Business for an EGM shall be:

a) President’s Remarks

b) Apologies for Absence.

c) Business to be transacted of which due notice has been given.

BL6.3.3 No business shall be transacted at the EGM other than business of which due notice has been given.

 

BL6.4 Management Committee Meetings

BL6.4.1 Notice of the date, time and venue of each committee meeting shall be published on the Club notice board at least 7(seven) days prior to the meeting.

BL6.4.2 Adult Members who are not members of the Committee, may attend, but may only participate with the agreement of the Chairperson

BL6.4.3 All, members shall have one deliberative vote

.

BL6.4.4 No decision of the Committee may be altered or revoked without 14 (fourteen) days prior notice of intent, in writing, being given to the Secretary.

BL7.0 FINANCE & ACCOUNTS

BL7.1 The Treasurer shall; arrange for the Auditor(s)/Independent Examiner(s) to examine and certify the accounts and balance sheet before presentation of a certified summary to the AGM

 

BL7.2 Following the acceptance of the financial report at the AGM, the Treasurer shall send a copy of the certified accounts to OSCR.

 

BL7.3 The Treasurer shall submit a budget, to the last meeting of the Management Committee prior to the AGM for the following financial year.

 

BL7.4 The Treasurer shall submit a financial statement to the Management Committee no less frequently than every 3 (three) calendar months.

 

BL7.5 All outgoing payments shall be made by cheque, signed in accordance with paragraph C7.4 of the Constitution.

 

BL8.0 DISCIPLINE

 

BL8.0.1Any member guilty of conduct or breach of the Constitution, Bye-laws, Regulations which is detrimental to the interests or aims of the Club may be disciplined by the Management Committee, provided Paragraph C8.1 of the Constitution has been satisfied.

 

BL8.0 Suspensions and Fines

BL8.1.1 The Management Committee may suspend, from activities wholly within its own jurisdiction, impose a Fine or Expel a member as a means of discipline.

BL8.2 Grievances

BL8.2.1 A Grievance, which is a formal expression of dissatisfaction or allegation of unfair practice in connection with the management of the Club, can be made by:

a)     Any member of the Club

b)     A parent or guardian on behalf of a member under the age of 16 years

c)     Any individual

 

BL8.2.2 A grievance is made in writing to the Club Secretary, not later than 30(thirty) days after the incident.

 

BL8.2.3 An Enquiry Panel will be set up by the club to consider the grievance in accordance with the Club Regulations.

 

BL8.2.3 If the decisions of the Enquiry Panel do not satisfy the person who made the grievance, that person shall have a right of appeal to Scottish Swimming in accordance with Club Bye-Law BKL8.4

BL8.3 Complaint

BL8.3.1 A complaint is a formal expression of dissatisfaction or allegation of unfair practice in connection with aquatic sports as governed by Scottish Swimming.

BL83.2 A complaint must be made in accordance with SS Company Rules, Section 12

BL8.4 Appeals

BL8.4.1 An appeal may be made against decisions taken by the Club in respect to the outcome of a submitted grievance or against decisions taken by a National Enquiry Panel.

 

BL* 4.1 An appeal must be made in accordance with SS Company Rules, Section 14.

 

BL9.0 AWARDS

 

BL9.1 Life Membership

BL9.1.1 Life membership may be presented to person(s) who have given outstanding service, over many years to the Club and shall be presented at the Annual General Meeting or at any other time decreed suitable by the MCM.

 

BL9.1.2 A recommendation for Life Membership may be made by any Adult or Life Member to the Secretary for submission to the MCM

Full details of the nominee’s service should be included with the recommendation.

 

BL10.0 TROPHIES

BL10.1 The winner of a Club trophy shall guarantee safe custody and return of the trophy when requested by the Management Committee.

 

BL10.2 The club shall be responsible for arranging and funding the engraving of the winners name on all club championships trophies. Winners of the 200 Meet trophies will arrange for the trophy to be engraved with the year and their name.

 

BL11.0 EQUAL OPPORTUNITY

The club is committee to the principal of equal opportunity in membership and aims to treat all members equally, regardless of sex, marital status, creed, colour, race, ethnic origins or disability. The club seeks to fulfil this aim through allowing anybody to join the club and allowing nomination of any member to the committee as laid out in the constitution.

 



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