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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