CLUB CONSTITUTION

1. Name
1.1 The name of the Club shall be Spencer Swim Team and the Club colours shall be red white and blue.

2. Objects
2.1 The objects of the Club shall be the objects of the Amateur Swimming Association and in addition shall be to promote Masters swimming. In the furtherance of these objects:

  • The Club is committed to treat everyone equally within the context of their activity regardless of sex, ethnic origin, religion, disability or political persuasion.
  • 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 London Region Amateur Swimming Association (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:

  • all competing members shall be eligible competitors as defined under ASA Laws; and
  • the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and
  • the members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.

2.4 By virtue of the affiliation of the Club to London Region ASA, the Club and all the members of the Club acknowledge that they are subject to the laws and rules of:

  • London Region ASA; and
  • The Amateur Swimming Association: (to include the ASA/ISTC code of Ethics); and
  • The Amateur Swimming Federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and ASFGB Disciplinary Code); and
  • 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 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 consider 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 Any person who wishes to become a member of the Club must be nominated by an existing member and must submit a signed application to the Membership Secretary. Election to the 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
4.1 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 it 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 January in 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 (but not be limited to) 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, be consequential upon an increase in individual ASA membership fees. Any increase in subscriptions shall be advised to the members in writing with 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 Membership Secretary written notice of his resignation. A member’s resignation shall only take effect when this (Rule.5.1) has been complied with.
5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two months 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 email or post to his last known email address or home address.

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 interest of the Club for him to remain a member.
6.2 The Club shall adopt and comply with 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 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 interest of the Club. Where such action is taken the complaint will thereafter be dealt with in accordance with the Guidelines.

7. Committee
7.1 The Committee shall consist of the Chairman, Club Secretary, Treasurer, Membership Secretary and Team Manager together with such additional secretaries (e.g. Fixtures Secretary) as required to manage specific activities of the Club, (together “the Officers of the Club”) and up to five elected members all of whom must be members of the Club.
7.2 The Committee members shall be proposed, seconded and elected by ballot or a show of hands at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. In the event that more than one Member is proposed for the same Committee role, the AGM shall either vote to elect both Members to share the role, which will then be managed as the Committee see fit; or the AGM will elect the nominee with most votes. In the case of a single nominee, at least one third of the AGM attendees must vote in favour of their appointment to the Committee. Any vacancy occurring by resignation or otherwise may be covered by the existing Members remaining on the Committee or filled by new appointment to the Committee by the Committee. A Committee appointee must be a Member. Retiring members of the Committee shall be eligible for re-election.
7.3 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 a number as shall represent not less than a simple majority of the Committee members (to include not less than one Officer). The Chairman and the Club Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interest of the Club. The Club 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.
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 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.
7.5 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.
7.6 The Committee shall be responsible for the management of the Club and shall have the sole right of appointment 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.
7.7 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.

8. Officers and Honorary Members
8.1 The Officers and Committee of the Club shall be proposed, seconded and elected 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 an appointee of the Committee, who must be a Member and may undertake the role until the AGM when they shall retire. Retiring officers shall be eligible for re-election.
8.2 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 association and on election shall, ex officio, be an honorary member of the Club and must be included in the Clubs Annual Return of Members to the ASA.
8.3 The 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 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.

9. Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year on a date falling within period 1st October (“the opening date”) and 30th November (“the closing date”). The date for the Annual General Meeting shall be fixed by the Committee. The Club Secretary must notify the date of the AGM to the Membership at least 28 days in advance. An email containing date, time and location details of the AGM sent 28 days before the date of the AGM, using the Club’s electronic mailing list, will satisfy this requirement.
9.2 The purpose of the Annual General Meeting is to transact the following business:

  • To receive the Chairman’s report of the activities of the Club during the previous year.
  • 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
  • To remove and elect the independent examiner (who must not be a member of the Committee) or confirm that he remain in office
  • To elect the Officers and other members of the Committee
  • To decide on any resolution which may be duly submitted in accordance with Rule 9.3

9.3 Nominations for election of members to any office or for membership of the Committee shall be made verbally or in writing (including text message or email) by the nominee, with the names of their proposer and seconder to the Club Secretary not later than 21 days before the AGM. 10th September (i.e. 21 days before the Opening Date specified above). The nominee shall be required to indicate in writing on the nomination from his willingness to stand for election. The Nominee, Proposer and Seconder must all be Club Members. In the event no nomination is received, the Club Chair will seek nominations at the AGM, in accordance with Section 7.2.
9.4 Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Club Secretary not less than 21 days before the AGM. Any Member raising a resolution to be moved who fails to give 21 days notice may only be allowed to proceed at the sole discretion of the Club Chair.

10. Special General Meeting
10.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him/her if a requisition in writing signed by not less than 7 members entitled to attend and vote at a General Meeting or (if greater) such numbers 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 [Club] Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda. Sending the written Agenda by email to Members registered email addresses will satisfy this requirement. The Agenda is to include: giving notice of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least 7 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 Notice of Meeting shall in addition whenever possible be displayed on the Club Notice Board where one exists.
11.2 The quorum for the Annual and Special General Meeting shall be 7 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 his absence a member selected 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 9.4). In the event of an equality of votes the Chairman shall have a casting or additional vote. Only paid up members shall be entitled to be heard and to vote on all matters. Members who have not reached their 18th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman, as matters concerning juniors.
11.4 The Club 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, sole interpreter of the Rules of the Club.

12. Alterations 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 majority of at least two-thirds of members present and entitled to vote at the General Meeting. No amendment to the rules shall become effective, until such amendment shall have been submitted to and validated by London Region ASA.
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 emailed posted to the Secretary of the Club so as to be received not less than 21 days before the by him not later than 10th September 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 Committee shall have power to make, repeal or 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 The Club Chairman has overall responsibility for ensuring proper arrangements are in place for managing Club funds. The Treasurer has primary responsibility for managing and administering the Club’s funds and bank accounts, including receiving and paying money into and from the bank accounts. All bank accounts in the name of the Club or holding Club funds must have 4 Officers of the Club named as Authorised Signatory to the bank account. If necessary, the Club Chairman or Treasurer may delegate to another Authorised Signatory and Officer of the Club, the responsibility for administering the Club’s Accounts. All Authorised Signatories must be able to view the Club’s Bank Accounts or know the Club’s funds balances at any time, for example through online or telephone banking. Any monies not required for immediate use must be reported to the Committee by the Treasurer or in his/her absence, reported by an Authorised Signatory to the bank account. The Committee may require the Treasurer to invest the money as it thinks fit, in accordance with ASA Rules. The Officers of the Club named as Authorised Signatories to the Club’s bank accounts shall be accountable to the Committee for the funds contained in the accounts. All moneys payable to the Club shall be received by the Treasurer (or assistant of the Treasurer) and deposited in a bank account in the name of the Club. No sum shall be drawn from this account except by cheque signed by two of the three signatories who shall be the Chairman, Secretary and Treasurer and any other signatories as decided by the Committee. Any moneys 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
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 think fit.
14.5 The financial year of the Club shall be the period commencing on 1st August and ending on 31st July. Any change to the financial year shall require the approval of the members in a General Meeting.

15. Borrowing
15.1 The Committee may borrow money on behalf of the Club for the purpose 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 sum or sums of money in such manner or on such terms and conditions as it thinks fit, and in particular by mortgage of or change 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 Custodian shall be entitled to an indemnity out of the property of the Club for all expenses and other liabilities property 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.
17.2 The dissolution shall take effect from the date of 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 given to a charity or charities (or other non-profit making organisation having objects similar to those of the Club for the furtherance of such objects) nominated by the last 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 Spencer Swim Team 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.