Constitution

1. Name
1.1 The name of the Club shall be Dunstable Swimming Club.
2 Objects
2.1 The objects of the Club shall be the teaching, development and practice of swimming for its
members and shall, where appropriate, be to compete. In the furtherance of these objects:
2.1.1 The Club is committed to treat everyone equally within the context of its activity. This shall be, for
example, regardless of 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 Club shall be affiliated to ASA East Region, and shall adopt and conform to the rules of this
Association, and to 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 A.S.A. (“A.S.A. Laws”) and in particular:
2.3.1 All competing members shall be eligible competitors as defined in A.S.A. Laws; and
2.3.2 The Club shall in accordance with A.S.A. Laws adopt the A.S.A. Child Safeguarding 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.
2.3.3 Members of the Club shall in accordance with A.S.A. Laws comply with the A.S.A. Child
Safeguarding Procedures.
2.4 By virtue of the affiliation of the Club to ASA East Region, the Club and all members of the Club
acknowledge that they are subject to the laws, rules and constitutions of:
2.4.1 ASA East Region and
2.4.2 The A.S.A. (to include the A.S.A./IOS Code of Ethics); and
2.4.3 British Swimming (in particular it’s Doping Control Rules and Protocols and 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 from time to time 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) 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’s activities shall become members of the Club
and hence of the A.S.A. and the relevant A.S.A. membership fee shall be paid. Assisting with the
Club’s activities shall include, but not be restricted to, administrators, associate members,
voluntary instructors, teachers and coaches, 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 A.S.A.’s educational certificates.
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3.3 Paid instructors, teachers and coaches who are not members of the Club must be members of a
body which accepts that its members are bound by the 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
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 Membership Officer but
other person(s) authorised by the Committee may make recommendation as to the applicant’s
acceptability.
The Membership Officer 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 (“Review Panel”) comprised of not less than three
members (who may or may not be members of the Committee). The Review Panel shall
wherever practicable include one independent member nominated by the ASA East Region.
The person refused membership shall be entitled to make representations to 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 ethnic origin, sex, religion, disability, political persuasion or sexual orientation.
3.6 The Club may refuse membership only for good and sufficient cause, such as conduct or
character likely to bring the Club or the sport into disrepute, or, in the case of a swimmer, being
unable to achieve the entry standards as laid down and provided by the Club to the applicant for
membership.
4. Subscription and Other Fees
4.1 The annual members’ subscription and coaching and squad 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 the Annual General Meeting shall
determine.
4.2 The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter
on the 1st day of November 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 Committee from some or all Club activities from a date to be
determined by the Committee and until such payment is made.
4.4 The Committee shall, from time to time, 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 A.S.A. Membership Fees to the A.S.A.
on behalf of members, be consequential upon an increase in individual A.S.A. 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.
4.5 The Executive Officers (or the Committee) shall have the power in special circumstances to remit
the whole or part of the fees, including the A.S.A. membership fees, to address issues of social
inclusion.
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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 this (Rule 5.1) has been
complied with.
5.2 The member who resigns from the Club in accordance with Rule 5.1 above shall not be entitled
to have any part of the annual membership fee or any other fees returned.
5.3 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two
months in arrear 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. Membership Department shall be informed should a member resign when still 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
interests of the Club for the individual to remain a member. The Club in exercising this power
shall comply with the provisions of Rules 6.3 and 6.4 below.
6.2 Upon expulsion the former member shall not be entitled to have any part of the annual
membership fee to be refunded and must return any Club or external body’s trophy or trophies
held forthwith. Clubs in exercising this power are required to comply with the provision of Rules
6.3 and 6.4 below.
6.3 The Club shall comply with the relevant Judicial Rules for handling Internal Club Disputes (“the
Rules”) as the same may be revised from time to time. The Rules are set out in the A.S.A.
Judicial Laws and appear in the A.S.A. Handbook. (A copy of the current Rules may be obtained
from the A.S.A. Department of Legal Affairs.)
6.4 A member may not be expelled or (subject to Rule 6.5 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.
6.5 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 interests of the Club. Where such action is
taken the incident or matter will thereafter be dealt with in accordance with the appropriate
Judicial Rules.
7. Committee
7.1 The Committee shall consist of the Chairman, Vice Chairman, Secretary, Treasurer (together “the
Executive Officers of the Club”) and Welfare Officer, Membership Secretary, Championship
Secretary, Competitions Secretary, Fixtures Secretary, Parent Liaison Officer, Fund Raising
Officer, Publicity/Website Officer , Coaches Representative, Assistant to Treasurer, Assistant to
Welfare Officer. All committee members must be members of the Club. All Committee members
must be not less than 18 years of age though the Committee may allow younger member(s) to
attend their meetings as observers without power to vote.
7.2 The Committee shall appoint a member of the Club as Welfare Officer who must be not less than
18 years of age, who should have an appropriate background and who is required to undertake
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appropriate training in accordance with A.S.A Child Safeguarding courses. The Welfare Officer
will have a right to attend Committee meetings without a power to vote.
7.3 The Executive Officers and Committee members shall be proposed seconded and elected at the
Annual General Meeting each year and shall remain in office until their successors are elected at
the next Annual General Meeting and will take office when the Chairman has closed the meeting.
Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring
Executive Officers and members of the Committee shall be eligible for re-election.
7.4 Committee meetings shall be held not less than quarterly (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 Executive Officer). The Chairman and the Secretary shall have discretion to call further
meetings of the Committee if they consider it to be in the interests of the Club. The Secretary
shall give all the members of the Committee not less than two days oral 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 the 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 minutes.
7.5 In the event that a quorum is not present within 30 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 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.
7.6 In addition to the members so elected the Committee may co-opt up to three 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 Committee and shall not be counted in establishing
whether a quorum is present.
7.7 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.
7.8 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. 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 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.
7.10 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. Membership Department. The Club shall make an annual return to the A.S.A. Membership
Department indicating whether or not an entry has been made in the prescribed form, which is to
be found on the membership renewal form.
7.11 The Committee shall have power to make regulations, create by-laws (see Rule 13.1) and to
settle disputed points not otherwise provided for in this Constitution.
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8. Ceremonial Positions and Honorary Members/Life Members
8.1 The Annual General Meeting of the Club, if it thinks fit may elect a President and Vice-Presidents.
A President or Vice-President need not be a member of the Club 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 A.S.A.
8.2 The Committee may elect any person as an honorary member of the Club for such period as it
thinks fit, or as a Life Member, 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 and Life Members must be included in the Club’s annual
return as to membership.
9. Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year on a date in November. The
date, time and venue for the Annual General Meeting shall be fixed by the Committee.
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 Executive 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 Nominations for election of members to any office or for membership of the Committee shall be
made in writing by the proposer and seconded to the Secretary not later than 14 days before the
AGM. The nominee shall be required to indicate in writing on the nomination form his/her
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 later than 28 days prior to the AGM.
10. Special General Meeting
1. A Special General Meeting may be called at any time by the Committee. A Special General
Meeting shall be called by the Club within 28 days of receipt by the Secretary of a requisition in
writing signed by not less than seven members entitled to attend and vote at a General Meeting
or, if greater, such number as represents one-tenth in number of such members, stating the
purposes 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/her last known address, a written agenda giving notice of the date, time and place of the
General Meeting together with the resolutions to be proposed at least 21 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. The
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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 seven members entitled to
attend and vote at the Meeting or, if greater, such number as represents one-tenth in number of
such members.
11.3 The Chairman, or in the Chairman’s absence a member appointed 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.
Only paid up members who have reached their 16th birthday shall be entitled to be heard and to
vote on all matters. (Members who have not reached their 16th birthday shall be entitled to be
heard and vote only on those matters determined by the Chairman as matters concerning juniors,
such as the election of club captains.)
11.4 The Secretary, or in his/her absence a member of the Committee, shall take minutes at the
Annual and Special General Meetings.
11.5 The Chairman 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 entitled to
vote at the General Meeting. No amendment(s) to the Rules shall become effective until such
amendment(s) shall have been submitted to and validated by such person as is authorised to do
so by the County Association/ASA East Region.
12.2 Any member 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 28 days in the case of the Annual General Meeting
or, in the case of a Special General Meeting, 18 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 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 moneys 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 Chairman, Secretary and Treasurer. Any
monies not required for immediate use may be invested as the Committee in its discretion think
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.).
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14.3 The 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
Committee thinks fit.
14.5 The financial year of the Club shall be the period commencing on October 1st and ending on
September 30th. Any change to the financial year shall require the approval of the members in a
General Meeting.
14.6 The Committee shall retain all financial records relating to the club and copies of Minutes of all
meetings for a minimum period of six years.
15. Borrowing
15.1 The Committee may borrow money on behalf of the Club for the purposes of the Club from time
to time 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.
15.2 When so borrowing the Committee shall have power to raise in any way any sum or sums of
money and to raise and secure the repayment of any sums or sums of money in such manner or
on such terms and conditions as it thinks fit, and in particular by mortgage of or charge upon or
by the issues of debentures charged upon all or any part of the property of the Club.
15.3 The Committee shall have no power to pledge the personal liability of any member of the Club for
the repayment of any sums so borrowed.
16. Property
16.1 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.
16.2 The Custodians shall be elected at a General Meeting of the Club and shall hold office until death
or resignation unless removed by a resolution passed at a General Meeting.
16.3 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 the discharge of their duties.
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. A
specific date for the dissolution shall be included in the resolution.
17.2 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.
17.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be divided
rateably in proportion to the amount each member has paid in subscriptions among the members
of the Club at the date of dissolution.
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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 needs to appear on Club membership forms and is to be signed by the
member and must also be countersigned by the parent, or a person having parental responsibility
for the member, if under 18 years of age:
“I acknowledge receipt of the rules of Dunstable 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.”