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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 Complaints

BL8.3 Appeals

Section BL9.0 Awards

Section BL10.0 Trophies

Section BL11.0 Equal Opportunities

Regulations

Regulations will be specific to the individual Club.

The following are examples of possible subjects: -

Sub Committees

CONSTITUTION

C 1.0 NAME

The Club shall be called “ North Ayrshire Amateur Swimming Club”

(Hereinafter referred to as the Club)

C2.0 OBJECTS

The objectives of the Club shall be to:-

a) Promote and manage the teaching, knowledge and practice of one or more Aqua Sports, in accordance with paragraph C2.2 of the SASA Constitution

C3.0 MEMBERSHIP

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

Adult Member (16 years and Over)

a) Swimming Member *

b) Non Swimming Member *

Junior Members (Under 16 years)

a) Learn to Swim Member *

b) Junior Club Member *

c) Swimming Member *

* Sub Categories as defined in SASA Bye-Law BL3.2

Life Members

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

C3.3 All Club Members must be registered with the SASA

C3.4 All members joining the Club shall be deemed to accept the terms of this Constitution, the Club Bye-Laws and any Regulations from time to time 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 Bye-Law BL3.6.

4.0 GOVERNANCE

C4.1 The Club shall be subject to and bound by, the Constitution and

Bye-Laws of the SASA, Memorandum, Articles and Rules of SASA Ltd. and the appropriate SASA District Rules.

C4.2 The Club shall comply with the SASA Code of Conduct, the SASA Code of Ethics and the SASA 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 Executive 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.

C5.5 The Coaches Committee shall be responsible for all the formulation and implementation of appropriate arrangements of coaching, training and teaching for squad selection and for the selection of members for competitions.

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

C6.1.3 Voting

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

• 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 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.

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 Auditors.

• Elect Management Committee Members.

• Appoint Auditors 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.

C6.3 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 fifteen 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 (MCM)

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 and four Committee members.

C6.4.4 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 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

the Treasurer and one other nominated Officer 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 Club 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.

C8.0 DISCIPLINE

C8.1 The Management Committee may take action (eg. 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 & Fines sections of the SASA Constitution Bye-

Laws and the SASA Rules have been applied.

C8.2 All Grievances, Complaints and Appeals, except for doping, child abuse or alleged criminal offences, shall be dealt with in

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 SASA Chief

Executive within 48 hours, in accordance with SASA Ltd. Rule

R16.1.3.

C9.0 AWARDS

C9.1 Nomination and selection procedures shall be in accordance

with Section 9 of the Bye-Laws

C10.0 TROPHIES

C10.1 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 towards

the objective of the SASA.

C11.2

If the club, by a majority of members present and voting at a General Meeting of the Club, resolve that it is necessary and advisable to dissolve the Club, the Secretary shall call a Special Meeting of the Club notice of which will include a statement of the Resolution.

If a majority of members present and voting at the Special General Meeting confirm the resolution to dissolve the Club, the Committee shall have full power to transfer any assets remaining after the satisfaction of any proper debts or liabilities to any organization or organizations which in the opinion of the Committee, are devoted to objects similar to those of the Club, failing which the Committee will arrange for these to be placed in trust for this purpose.

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 nonmembers 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 Junior/Swimming member wishing to change their 1st or 2nd Claim Club must do so in accordance with SASA Bye-Law BL8.2.4.

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 the SASA, 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),

A coach to be nominated by the coaches committee

Gala convenor

Newsletter/Press Convenor

Kit Convenor

Fund Raising Convenor

Trophy Convenor

Technical Convenor

Child Protection Officer

Club Girl and Boy Captain will be ex-officio members

Such other persons as may be co-opted by the committee an on such terms as the committee may decide.

BL5.2 All members of the committee are subject to re election every year.

BL5.3 BL5.4 BL5.5 Retiring members of the Management Committee may offer themselves for re-election.

BL5.6 BL5.7 BL5.8 The Management Committee shall be responsible for: -

a) 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 a Child Protection Officer (CPO) who has attended an SASA approved training course.

BL5.11 The coaches committee shall comprise of the Head Coach/Coaches, Coach representatives from the Senior and Junior Sections, the North Ayrshire Leisure Swimming Development Officer and the Club Secretary. The coaches shall appoint the chairperson. The Secretary or representative of the Committee shall arrange for minutes to be taken of each meeting. The committee shall be responsible for all the formulation and implementation of appropriate arrangements of coaching, training and teaching for squad selection and for the selection of members for competitions. The committee may co-opt other persons from time to time to assist in the administration of the coaches' duties.

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 be:

Presidents Remarks

Apologies for Absence

Approval of minutes from previous AGM & matters arising.

Hon. Secretary Report

Coaches report

Financial Report

Proposed changes to Constitution

Proposed changes to Bye-Laws

Election of Management Committee Members

Appointment of Auditors

Life Membership Awards

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 7 days prior to such meetings being held.

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

President’s Remarks

Apologies for Absence.

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 (MCM)

BL6.4.1 Notice of the date, time and venue of each MCM 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 MCM, may attend, but may only participate with the agreement of the Chairperson.

BL6.4.3 Management Committee members shall have a deliberative vote.

BL6.4.4 No decision of the MCM may be altered or revoked without

14(fourteen) days prior notice of intent, in writing, being given to the

Secretary.

BL7.0 FINANCE & ACCOUNTS

BL7.0.1 The Treasurer shall arrange for the Auditor(s) to examine and certify the Club accounts and balance sheet before presentation of an audited summary to the AGM.

BL7.0.2 The Treasurer shall submit a budget, to the last meeting of the MCM prior to the AGM, for the following financial year.

BL7.0.3 The Treasurer shall submit a financial statement to the MCM no less frequently than every 3(three) calendar Months.

BL7.0.4 All outgoing payments shall be made by cheques, signed by the Treasurer and either the President or the Secretary.

BL8.0 DISCIPLINE

BL8.0.1 Any 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 MCM, provided Paragraph C8.1 of the Constitution has been satisfied.

BL8.1 Suspensions and Fines

BL8.1.1 The MCM 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:

Any member of the Club

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

Any Individual.

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

BL8.3 Complaints

BL8.3.1 A complaint may be made against decisions taken by the Club in respect to the outcome of a submitted grievance or as a formal expression of dissatisfaction or allegation of unfair practice in

connection with aquatic sports as governed by the SASA.

BL8.3.2 A complaint must be made in accordance with Section 16 of the SASA Ltd. Rules.

BL8.4 Appeals

BL8.4.1 An appeal may be made against decisions taken by the

National Enquiry Panel

BL8.4.2 An appeal must be made in accordance with Section 18 of the SASA Ltd. Rules

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 trophy shall guarantee safe custody and return of the trophy when requested by the MCM.

BL10.2 The Club shall be responsible for arranging and funding the engraving of the winners name on all trophies.

BL11.0 Equal Opportunity

The club is committed 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