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          Constitution

Version date: 18 November 2019

 

REN 96, 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    GENERAL MEETINGS

    C5.1    General

    C5.2    Annual General Meeting (AGM)

    C5.3    Extraordinary General Meeting (EGM)    

SECTION    C6.0    AWARDS

SECTION    C7.0    TROPHIES

SECTION    C8.0    DISSOLUTION

 

Bye-Laws

SECTION    BL1.0    MANAGEMENT

SECTION    BL2.0    MEETINGS

    BL2.1    Standing Orders

    BL2.2    Management Committee Meetings (MCM)

SECTION    BL3.0    FINANCE AND ACCOUNTS

SECTION    BL4.0    DISCIPLINARY PROCEDURE, COMPLAINTS and APPEALS

    BL4.1    General

    BL4.2    Disciplinary Procedure

    BL4.3    Complaints

    BL4.4    Appeals

    BL4.5   Suspension and Fines

 

Policies and Regulations

Scottish Swimming Maintained Policies/Regulations

(www.scottishswimming.com/clubs/manage-your-club/governance-documents.aspx)

 

CONSTITUTION

C1.0    NAME

C1.1    The Club shall be called REN96.

    (hereinafter referred to as the Club)

C2.0    OBJECTIVES

C2.1    The objectives of the Club shall be to:

a)Advance the public participation in Aquatic Sports by promoting and managing the teaching, knowledge and practice of one or more Aquatic Sports, in accordance with paragraph C2.1 of the SASA Constitution where relevant.

b)To establish a swimming programme that will enable all members to maximise their potential regardless of age.

c)To teach, promote, develop and encourage competitive speed swimming, waterpolo, synchro and open water swimming for its members.

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 Scots Law.

b)    Junior Member

    A Junior is an individual not recognised in Scots Law as an adult and not as defined in Scottish Swimming’s Company Rule R4.5.6.

c)    Life Member

Life membership may be conferred at the Annual General Meeting (AGM) on persons 

who have rendered valuable service to the Club. Life members shall enjoy all privleges

of the Club and may attend and participate in all general meetings of the Club.

d)    Associate Member

Associated Water Sport membership may be granted by application through the Committee and shall be conditional on the payment of an annual fee to cover the fixed costs pertaining to that member.

 

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

C3.2.1    The annual SASA Membership fees of existing members (agreed at the AGM) shall become due in February in each year, and those of new members on the date of acceptance for membership.The SASA membership fee is collected with the monthly membership fee.

C3.2.2    Members not renewing their annual SASA Membership fee by the end of March each year will be excluded from taking part in any of the Clubs activities, competitions or meetings until their annual subscription is paid, as they will not be insured.

C3.2.3    Monthly membership fees shall be due for payment on the 1st of each month and are payable by direct debit. The membership of any member whose fees are in arrears by 3 months may be terminated by a simple majority of the Committee at an ordinary 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    A member wishing to resign from the Club shall inform the Membership Secretary in writing.

C3.5.1    The Management Committee of the Club shall have the right to terminate the membership of any member at any time provided the resolution is carried by two-thirds majority at a meeting of the Management Committee, and that the member concerned has previously been given the opportunity to speak on his/her behalf, in accordance with the Club code of conduct.

C3.6    A Club member wishing to change their 1st or 2nd Claim Club must do so in accordance with SS Company Rule R5.2.

C3.7    The Management Committee shall have the power to turn down an application for membership, provided they act in accordance with paragraph C3.7.1.

C3.7.1    When an application for membership is turned down by the Management Committee, the applicant must be advised, in writing, of the reason and their right of appeal to Scottish Swimming, in writing.

 

C4.0    GOVERNANCE

C4.1    The Club, and its members, 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.

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

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 they feel necessary to govern the activities of the Club.

 

C5.0    MEETINGS

C5.1    General

C5.1.1    Notices

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

C5.1.2    Attendance

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

C5.1.3    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   committee decision and 7 days notice given. 

c)      At any General Meeting i.e. AGM or EGM each swimming person aged 16 (sixteen) years or older, as at the date of the end of the financial year immediately preceding the meeting, is entitled to vote. The rights of swimming members under 16 (sixteen) years of age will be vested in a parent or guardian who shall hold one vote for each such member.

d) Life members and non-swimming members shall each be entitled to one vote.  Associated Water Sport members will not be entitled to vote. No member shall be entitled to vote by proxy unless notice in writing is given to the Secretary at least seven (7) clear days prior to the date of the meeting. 

e)   The Chairman at all meetings shall have a second or casting vote.

C5.1.4    Quorum

The quorum at General Meetings shall be two Officers of the Club plus 20 (twenty) members eligible to vote.

C5.1.5    Changes to the Constitution and Bye-Laws

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

C5.1.6    Conduct of Business

The conduct of business shall be in accordance with Bye-laws Section BL2.1.

 

Only required by clubs wishing to apply for Charity Status

b)    Any changes to section C2.0 requires the consent of the Office of the Charity regulator (OSCR) prior to any change being adopted. Any other change(s) to the constitution must be notified to the OSCR within 3 months of the change being made.

 

C5.2    Annual General Meeting (AGM)

C5.2.1    The Club shall hold an Annual General Meeting in the month of December to:

a)    Approve the minutes of the previous year’s AGM.

b)    Receive reports from the Chairperson and Head Coach.

c)    Receive a report from the Treasurer and approve the Annual Accounts.

d)    Receive a report from the Auditor(s) / Independent Examiner(s).

e)    Elect Management Committee Members.

f)    Appoint Auditor(s) / Independent Examiner(s) for the Club’s Accounts.

g)    Consider changes to the Constitution.

h)    Consider changes to the Bye-Laws.

i)    Present Life Membership(s).

j)    Deal with other relevant business

C5.2.2    The Chairperson and Club 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 website and circulated to all Adult Members, parents of Junior Members and Life Members.

C5.2.3    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.

C5.2.4    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 Chairperson and Club Secretary no later than 20 November.

C5.2.5    Proposed alterations to the Constitution and Bye-Laws, and notices of motion must be received by the Membership Secretary not later than 20 November.

C5.2.6    Having received all nominations and proposed alterations to governance, the Chairperson and Club Secretary shall prepare a final agenda for distribution at least 7(seven) days before the meeting.

C5.2.7    The business for an AGM shall include: 

a)    Chairperson’s Remarks

b)    Apologies for Absence

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

d)    Head Coach’s report

e)    Financial Report

f)    Proposed changes to Constitution and Bye-Laws

g)    Election of Management Committee Members

h)    Appointment of Auditors / Independent Examiners

i)    Life Membership Awards

j)    Other relevant business

C5.2.8    The quorum for the AGM shall be 20 (twenty) members.
 

C5.3    Extraordinary General Meeting (EGM)

C5.3.1    An Extraordinary General Meeting shall be called by an application in writing to the Chairperson supported by at least 20 (twenty) 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.

C5.3.2    The Secretary will give notice, in writing of all Extraordinary General Meetings, stating the Agenda, to all Adult Members, parents of Junior Members and Life Members at least 30 (thirty) days prior to such meetings being held.

C5.3.3    The order of Business for an EGM shall be:

a)    Chairperson’s Remarks

b)    Apologies for Absence.

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

C5.3.4    No business shall be transacted at the EGM other than business of which due notice has been given.

 

C6.0    AWARDS

C6.1    Life Membership

C6.1.1    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 Management Committee.

C6.1.2    A recommendation for Life Membership may be made by any Adult or Life Member, or parent of a Junior Member to the Secretary for submission to the Management Committee.  Full details of the nominee’s service should be included with the recommendation.

 

C7.0    TROPHIES

C7.1    All trophies belong to the Club in perpetuity and cannot be won outright.

C7.2    The Club Treasurer shall act as Trustee of Club Trophies.

C7.3    The winner of a Club trophy shall guarantee safe custody and return of the trophy when requested by the Management Committee. 

C7.4    The Club shall be responsible for arranging and funding the engraving of the winners names on all Club trophies. 

 

C8.0    DISSOLUTION

C8.1    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 objectives of Scottish Swimming.  In addition, all equipment purchased with the support of National Lottery funding will be returned to the National Lottery.

 

Alternative paragraph, only required by clubs wishing to apply for Charity Status

 

C8.1    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.

 

C8.2    So long as 4 (four) members agree to support the Club it cannot be dissolved.

 

BYE-LAWS

BL1.0    MANAGEMENT

BL1.1    The affairs of the Club shall be conducted by a Management Committee which shall consist of the Officers of the Club plus up to 6 (six) other Adult Members and ex-officio members set out in Bye-Law BL1.5.1

BL1.2    The Officers of the Club shall consist of a Chairperson, Vice-Chairperson, Treasurer, Club Secretary and Policies & Procedures Officer who shall be elected at an Annual General Meeting, as shall be the said Adult Members.  Role descriptors are detailed by Scottish Swimming.

BL1.3    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.

BL1.4    All Management Committee members shall be Adult members of the Club, or parents of Junior Members.

 

BL1.5    Management Committee

BL1.5.1    The Management Committee shall comprise the Officers of the Club (as defined in paragraph BL1.2), the Head Coach (ex-officio), the Membership Secretary, the Welfare Protection Officer and any other such person as agreed or co-opted by existing committee members.

BL1.5.2    The term of office for all office bearers shall be 3 (three) years. The Membership Secretary is currently a permanent position.

BL1.5.3    Retiring office bearers may offer themselves for re-election. If re-elected the term of office will be a further 3 (three) years.

BL1.5.4    Office bearers will become ineligible for re-election to the same post after two consecutive three year terms.

BL1.5.5    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.

BL1.5.6    Management Committee members co-opted by the committee shall be subject to endorsement at the first EGM or AGM thereafter.

BL1.5.8    The Management Committee shall be responsible for:

a)    The appointment of coaches and instructors.

b)    The selection of members to represent the Club.

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

d)   Considering and approving or otherwise nominations for life membership of the Club.

e) Management of Club finances.

f)    Organisation of Club events and fundraising

g)    Maintaining Club policies and procedures documents.

                    BL1.5.9    The Management Committee shall appoint such sub-committees as may be considered necessary

BL1.5.10    The Management Committee shall appoint at least one Wellbeing and Protection Officer (WPO) in accordance with section C10.6 of the SASA Constitution.

 

BL2.0    MEETINGS

BL2.1    Standing Orders

BL2.1.1    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.

BL2.1.2    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.

BL2.1.3    The Elected Chairperson will chair all meetings of the Club.  In his or her absence, the Vice-Chairperson will substitute.  If both are absent, those in attendance will appoint a 

        substitute.    

BL2.1.4    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 Chair of a meeting shall have a second or casting vote.

BL2.1.5    The Chair of a meeting shall be the sole judge of questions of order and interpreter of the “rules” governing the Club.

BL2.1.6    The Chair 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 Chair elected from among those present.

BL2.1.7    In the event that any meeting falls from order the Chair reserves the right to call meeting end.

BL2.1.8    The minutes of all meetings will be summarised in the Club newsletter or website.

 

BL2.2    Management Committee Meetings

BL2.2.1    The club shall hold Management Committee Meetings no less frequently than every three months.

BL2.2.2    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.

BL2.2.3    A quorum for Management Committee Meetings shall be at least 2 (two) Officers of the Club and 2 (two) other committee members.

BL2.2.4    The business of the meeting shall be enacted in accordance with Section BL2.1.

BL2.2.5    Notice of the date, time and venue of each committee meeting shall be given at least 7(seven) days prior to the meeting.

BL2.2.6    Adult Members and parents of Junior Members who are not members of the Committee, may attend, but may only participate with the agreement of the Chair.

BL2.2.7    All elected members have a deliberative vote. The membership secretary and Child Protection Officer are also entitled to vote.

BL2.2.8    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.

 

BL3.0    FINANCE & ACCOUNTS

BL3.1    The financial year shall run from 1st August to 31st July each year.

BL3.2    The Treasurer and the Chairperson shall be responsible for the preparation of Annual Accounts of the Club.

BL3.3    The Accounts shall be audited / examined by an independent person(s) elected annually at the Annual General Meeting.

BL3.4    All cheques drawn against the Club’s funds shall be signed by a minimum of 2 (two) Officers of the Club.

BL3.5    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.

BL3.6    As an unincorporated organisation the responsibility for the financial liabilities of the club shall normally be dependent on who was responsible for the liability.

    As an unincorporated association the members are liable for the debts of the club on a "joint and several" basis.  Determining which members are liable is usually considered on a case by case basis, and will depend on how the relevant decision that resulted in the liability has been made.
For example, if a decision was made by the members at a general meeting then it might be all members of the club who are liable, or it might be all of the committee, or one or more persons (whether office-bearers or not) who assumed the responsibility for taking a particular decision.
Further, if a member of the club’s committee acts ultra vires or out with the club’s constitution then they may have personal liability.)

                    BL3.7    Any surplus of the Club’s income will be re-invested in the Club and not distributed to its members by way of dividend, distribution, bonus, honoraria or otherwise by way of profit.
 

Only required by clubs wishing to apply for Charity Status

 

BL3.8    The Club’s assets must not be distributed or otherwise applied other than for charitable purposes, as agreed by OSCR.

 

BL3.9    The Treasurer and the Chairperson shall arrange for an Independent Accounts Review to examine and certify the accounts and balance sheet before presentation of a certified summary to the AGM.

 

Additional paragraph only required by clubs wishing to apply for Charity Status

 

BL3.10    Following acceptance of the financial report at the AGM, the Treasurer shall send a copy of the certified accounts to OSCR.

 

Paragraphs BL3.10, BL2.11 and BL3.12 require to be renumbered if this is used.

BL3.10    The Treasurer shall submit a budget to the Management Committee in the month preceding the start of the financial year on 1st August.

BL3.11    The Treasurer shall submit a financial statement to the Management Committee on a monthly basis.

BL3.12    All outgoing payments shall be completed by bank transfer by The Treasurer. The Management Committee commit to the Club will not have less than £15,000.00 in the bank.  If Club funds are less than £15,000.00, an EGM will be called to discuss whether the Club can be sustained or should be closed. 

 

BL4.0    DISCIPLINARY PROCEDURE, COMPLAINTS and APPEALS 

BL4.1 General

BL4.1.1    All complaints and appeals, except for doping, wellbeing or protection, or alleged criminal offences, shall be dealt with in accordance with Sections BL4.2, BL4.3 and BL4.4.

BL4.1.2    Complaints involving doping should be referred to British Swimming as per Scottish Swimming Company Rule R13.1.3.

BL4.1.3    Complaints involving wellbeing or protection, or other criminal offences shall be referred to Scottish Swimming within 48 hours, in accordance with Scottish Swimming Company Rule R13.2.1.

BL4.1.4    The Management Committee may Suspend, from activities wholly within its own jurisdiction, impose a Fine or Expel a member as a means of discipline.
 

BL4.2 Disciplinary Procedure

BL4.2.1    In the event that the behaviour of a swimmer, member of the coaching team or Management Group or a parent volunteer contravenes the Club’s codes of conduct, the following action will be taken.

BL4.2.2    The President, or a deputising club official, will conduct an investigation into the alleged breach of the Club’s codes of conduct as they see fit and all persons and parties shall cooperate fully with the same.  Failure to co-operate may amount to misconduct.

BL4.2.3    The Investigating Club Official shall thereafter be entitled at any time to decide to:

a)    Apply a sanction to the person(s) being investigated

b)    Refer the matter to a Club Complaint panel

c)    Take no further action

d)    Pursue an alternative resolution, which may include Mediation, Arbitration or Conciliation.

BL4.2.4    The Club will keep a record of each stage of the disciplinary process.

 

  BL4.3 Complaints

BL4.3.1    A complaint, which is a formal expression of dissatisfaction or allegation of unfair practice in connection with aquatic sports as governed by Scottish Swimming, can be made by:

a)    Any member of the Club

b)    A parent or guardian on behalf of a Junior member as defined in paragraph C3.1(b)

c)    A parent or guardian on behalf of a Member classified as a Vulnerable Person, defined as a person who lacks sufficient capacity to present a complaint by themselves.

                             d)  Any Individual

BL4.3.2    A complaint must be made in accordance with Scottish Swimming Company Rules, Sections R12 to R15.

BL4.4 Appeals

BL4.4.1    An appeal may be made against decisions taken by the Club in respect to the outcome of a submitted complaint or against decisions taken by a National Complaints Committee.

BL4.4.2    An appeal must be made in accordance with Scottish Swimming Company Rules Sections R12 to R15.

BL4.5 Suspension and Fines
 

BL4.5.1    The Management Committee, implemented by the Chairperson, may take action (e.g. fine, suspend or cancel membership) against any Club Member proved guilty of conduct or breach of the Constitution, Bye-laws, Regulations which is detrimental to the interests or aims of the Club or for 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 Scottish Swimming Governance Documentation (Company   Rules Sections R12 to R15) have been applied.