| 1.Name |
The name of the club shall be the Sutton and Cheam Swimming
Club
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| 2.Objects |
The objects of the club shall be those of the Amateur Swimming
Association (ASA) and in particular the teaching, development
and practice of Swimming and Water Polo. |
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The Club is committed to treat everyone equally within the
context of their activity, regardless of sex, ethnic origin,
religion, disability or political persuasion. |
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The Club shall implement and uphold the A.S.A. Equal Opportunities
policy. |
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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 any other
body to which the club is affiliated, which is approved by the
ASA. |
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In particular:
|
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- all competing members shall be eligible competitors as
defined in ASA Laws; and
- No members shall use the name of the club in swimming
or water polo without the approval of the club.
- the Club shall in accordance with ASA Laws adopt the
ASA Child Protection 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.
- members of the Club shall in accordance with ASA Laws
comply with the ASA Child Protection Procedures.
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| 3.Affiliations |
The club shall be affiliated to the ASA London Region, the
Surrey County Swimming and Water Polo Association (SCWPSA),
The London Borough of Sutton Swimming Association (LBSSA) and
other bodies as the Committee decides. |
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By virtue of the affiliation of the Club to ASA London Region,
the Club and all members of the Club acknowledge that they are
subject to the laws and rules of: |
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- ASA London Region and
- the Amateur Swimming Association; (to include the ASA/IOS
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”)
|
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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.
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| 4.Membership |
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 (such as limited water
time), then the Committee shall put forward appropriate proposals
for consideration at a General Meeting of the Club. The Committee
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.
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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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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.
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Membership shall be open to all who wish to engage in, or
encourage the sport of swimming and water polo, or any other
activities approved by the ASA. All applications for membership
shall be made on the official form accompanied by the appropriate
fee and shall be considered by the Committee, or a special
sub-committee appointed for the purpose. The Committee shall
have the power to refuse membership to an applicant, only
for good cause such as conduct or character likely to bring
the Club or sport into disrepute. Appeal against refusal may
be made to the Committee. All decisions shall be duly recorded.
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Membership is a contract and Members are required to sign
to accept the terms of the ‘contract’. Persons with parental
responsibility are required to sign on behalf of those under
18. |
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Once a person is accepted to membership he or she is obliged
to pay his or her subscription and any other financial obligation
such as coaching and squad fees until resignation. |
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In exceptional circumstances, the Committee shall have the
ability to address social inclusion, in particular the discretion
to remit all or part of the fees due.
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| 5.Membership Categories |
(a) Swimming Members |
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- Senior
- Junior: Under the age of 17 years on the 31st December
in the year of Membership
- Family Membership provides a sliding scale of fees for
additional siblings
|
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(b) Associate Members |
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- Non swimming members
- Associate Membership is not available to those who qualify
for full membership.
|
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(c) Honorary Members: |
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- Honorary Membership shall be conferred by the Annual General
Meeting on the recommendation of the Committee, on persons
who have given outstanding service to the club
|
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(d) Vice Presidents |
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- May be appointed from time to time by the Committee
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| 6. Membership Card |
A membership card will be issued free to each member on payment
of the subscription for the year and is valid for the year of
issue only. A charge may be made for each additional membership
card issued during the year. The current membership card must
be produced on all Club nights at the request of any Officer,
Committee Member or persons appointed for the purpose of examining
same. |
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Honorary members will receive a free membership card annually.
|
| 7.Rules |
The rules of the club are set out by this constitution, a
copy of which will be supplied free of charge to all members.
A charge may be made for each additional copy required.
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| 8. Cessation of Membership |
(a) Resignation |
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A member wishing to resign must notify the Club Secretary
in writing and shall enclose with the resignation, any subscription,
charge or other payment due, together with any club trophies
in the member’s possession. |
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(b) Honorary Membership |
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Honorary Membership may only be terminated by the Annual General
Meeting by special resolution. |
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(c) Arrears of Subscription |
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No member whose subscription is unpaid shall be entitled to
any of the privileges of the club, compete in any competition
under the Club’s name or take part in any club activity. |
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The Club will advise the ASA if a Member leaves the Club owing
it money. |
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(d) Expulsion and Suspension |
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The Committee may suspend a member for a period, or require
a member to resign if, in its opinion, the interests of the
club have been compromised by that member. Such action shall
only be taken if the member has been notified, by registered
post or recorded delivery, stating the reasons for the action
being taken. In the event of such a member failing to reply
accepting the suspension, or declining to resign within the
stated period, a special meeting of the Committee shall be called,
of which at least two weeks notice shall be given to the member.
The individual concerned shall, at that meeting, have the opportunity
of defending his or her actions. At the meeting, should two
thirds of the Committee present vote in favour of the action
proposed, and this is suspension, the member’s suspension shall
take immediate effect and apply for the period specified. If
expulsion is proposed, the individual shall cease to be a member
of the Club. Such action may be subject to any overriding ASA
Complaints Procedure. Breaches of ASA Law by members shall not
be dealt with by the club but shall be referred to the District
Judicial Tribunal.
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| 9. Handling Disputes |
In the event of a dispute, the club shall adopt the ASA ‘Guidelines
for Handling Internal Club Disputes’. In line with these guidelines,
the club shall ensure that: |
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- all parties are treated fairly;
- the complainant has the opportunity to present the case;
- the accused has the opportunity to respond.
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| 10. Liability of Members and Officers |
Club Members have a liability to pay their annual subscription
and such other fees as are properly determined by the Club.
|
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No contract will be entered into without the authorisation
of the Committee. |
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Individual members must take care to ensure that the basis
upon which they enter into any contract on behalf of the Club
is clearly understood by the person with whom they are dealing,
to avoid the contract being treated as entirely personal to
the member. |
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Members may incur personal liability if they exceed any authority
given to them by the Club. There is no general right of any
Committee member or officer to seek to obtain an indemnity from
the membership for any losses or expenses suffered by them in
the performance of their duties. |
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However, an individual member or group of members made specifically
responsible for any particular aspect of the Club’s activities,
may become liable for losses arising if a Court finds them to
have been negligent.
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| 11. Officers |
The following officers of the club shall be elected at the
Annual General Meeting from the Members: |
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- President
- Hon Secretary
- Hon Treasurer
- Committee Members as required to manage specific activities
of the club
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Welfare Officer
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To comply with the ASA Child Protection Procedures as set
out in Rule 2, the club shall also appoint an independent Welfare
Officer who will not be a relative of any of the Executive Officers,
Coaches or the Team Manager.
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| 12. Accounts Examiners |
The Accounts Examiners shall be appointed at the Annual General
Meeting. They need not be members. No member of the Committee
shall act as Account Examiner whilst in office.
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| 13. Management |
The affairs of the club shall be conducted under ASA Laws
and be managed by the Committee, which in these Rules and in
any By-Laws referred to therein shall be referred to as “The
Committee”, which shall consist of the Officers of the Club,
four other members and any co-opted members as may be required
from time to time.
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| 14. Election of the Committee |
The Officers and other members of the Committee shall be elected
at the Annual General meeting and shall hold office until the
next AGM, following that at which they were elected. Nominations
for the elections of such Officers and members shall be in writing,
delivered to the Secretary before November 1st, prior to the
AGM in question, and shall be signed by a proposer and seconder
and the nominee signing willingness to accept office if elected. |
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No junior member shall be eligible to hold office in the club
or be elected to the Committee, nor shall a junior member propose
or second nominations to the Committee. |
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Election of Officers and Committee Members shall be by simple
majority. |
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The Committee shall have power to co-opt additional members
or officers in the event of vacancies up to the membership as
set out in Rule 11.
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| 15. Sub-Committees |
The Committee may set up sub-committees as required and may
delegate to such bodies power to consider and advise the Committee
on any matter for which the Committee has responsibility. |
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The membership of sub-committees shall be decided by the Committee |
| 16. Resignation of Committee Members |
Any Officer resigning from the Committee shall hand over any
club records, monies or other property within 14 days of resignation. |
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Any vacancy occurring amongst the Officers or Committee may
be filled by the Committee. Any person so appointed will hold
office until the next AGM. Any member of the Committee absenting
him or herself from three consecutive Meetings without satisfactory
explanation must vacate his or her office. |
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Any vacancy arising shall be notified on the Club’s notice
board.
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| 17. Meetings of the Committee |
Meetings of the Committee shall take place not less frequently
than once every two months. Subject thereto the Committee may
meet together for the despatch of business, adjourn and regulate
their meetings as they think fit. Questions arising at any meeting
shall be determined by a majority of votes and in the case of
equality of votes, the Chairman of the Meeting shall have a
second or casting vote. |
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The Club shall retain financial records and minutes of meetings
for a minimum of 6 years
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| 18. Quorum (Committee) |
The quorum at any Meeting of the Committee shall be five (5)
members, including at least one Executive Officer.
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| 19. The Secretary |
The Secretary shall keep a register of the names and addresses
of all the members, call meetings, keep correct Minutes of the
proceedings at all Meetings of the Club and the Committee, conduct
the correspondence, be responsible for the books and papers
attaining to the office of Secretary and perform such other
duties in connection with the affairs of the club as the Committee
may from time to time direct.
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| 20. The Treasurer |
The Treasurer shall receive, and disburse all monies due to
or from the Club, shall prepare all financial statements and
shall be responsible for the books appertaining to the office
of Treasurer.
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| 21. Drawing of Cheques |
Every cheque drawn on the Club’s Bank shall be signed by the
Treasurer and counter-signed by one of the following officers,
President, Secretary, (or any other named officer designated
by the Committee). |
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The cheque book shall be held by the Hon Treasurer.
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| 22. Audit |
The accounts of the club, made up to the 30th day of September
in each year, shall be examined annually by the Accounts Examiner(s)
appointed annually at the AGM.
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| 23. Funds and Property |
The income, funds 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 legitimate out of pocket expenses
incurred in running the Club.
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| 24.Borrowing |
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. |
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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 |
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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.
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| 25. Subscriptions |
All subscriptions shall be paid annually in advance and shall
be due on the 1st January each year. Any Member whose subscription
in unpaid by 31st January, shall be liable to suspension and
may not participate in any Club activities.
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| 26. Annual Subscriptions |
The Annual Subscriptions for all Members for the ensuing calendar
year will be agreed at each AGM. |
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Training fees will be agreed by the Committee from time to
time.
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| 27. Annual general Meeting |
The AGM of the club shall be held as soon as possible after
the end of the financial year but not later than 31st December
for the purpose of: |
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- Receiving the Report of the year’s activities
- Presentation of the (examined) accounts and (if accepted)
the passing of Accounts for the financial year
- Appointing an independent Accounts Examiner for the accounts
- Receiving the recommendations of the Committee relating
to subscriptions for the ensuing calendar year
- Electing Officers and Committee Members
- Transacting any proposed motions submitted to the meeting
for which proper notice has been given.
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| 28. Extraordinary General Meeting |
An Extraordinary General Meeting of the Club may be convened
at any time by the Committee and shall also be convened within
one calendar month on receipt by the Secretary of a requisition
signed by not less than twenty (20) Members of voting age stating
the purpose for which such a meeting is required. No other subject
will be discussed than that which appears on the notice of the
meeting.
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| 29. Notice of Meetings |
At least 14 days notice of any General Meeting shall be promulgated
to Members stating the time and place where such a Meeting will
be held and the business to be transacted thereat. Such notice
to be posted to Members where specifically requested.
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| 30. Notice of Motions |
Notice of motions to be included on the Agenda for the AGM
must be submitted to the Secretary, duly proposed and seconded
by two members eligible to hold office in the club, before November
1st in any year, prior to the AGM in question.
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| 31. Amendment to Rules |
No alterations of, deletions from, or addition to these Rules
shall be made except by a resolution carried by a majority of
at least two thirds of the Members present and voting, voting
in favour, at a General Meeting, notice of which shall have
contained particulars of the proposed alteration, deletion or
addition.
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| 32. Business |
The business at a General Meeting shall be limited to that
provided by these Rules and any further matters specified in
the Notice convening the Meeting.
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| 33. Quorum |
The Quorum at any General Meeting shall be fifteen (15) members
entitled to vote.
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| 34.Voting |
Members present and voting who are over the age of 16 years
on January 1st of the current year, and who have been enrolled
in the Club for a minimum of six (6) months prior to the meeting
shall have one vote. In the case of equality of votes, the Chairman
of the Meeting shall have a second or casting vote. |
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Members under 16 shall not be allowed to vote at General Meetings
except in matters relating to under 16s such as the election
of Club team captains
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| 35. By-Laws |
The Committee shall have the power to make such By-Laws (not
inconsistent with these Rules) as they shall think expedient,
from time to time, for regulating the conduct and affairs of
the Club. All such By-Laws shall be binding upon Members until
repealed by the Committee or set aside by a resolution at a
General Meeting.
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| 36. Colours |
The colours of the club shall be red, white and blue.
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| 37. Dissolution |
If at any Annual or Extraordinary General Meeting, a resolution
for the dissolution of the Club shall be passed, at least two
thirds of the Members present and voting, voting in favour,
the Committee shall proceed to discharge all its debts and liabilities
and any balance of monies together with trophies, equipment
etc. shall be dispersed as decided by the Committee, for the
purposes of the sport's governing body for use in related community
sport, in particular for the furtherance of the sport of swimming
and water polo.
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| 38. Interpretation |
Any questions arising as to the meaning of these Rules or
By-Laws made thereunder, or as to the application or effect
of any such Rule or By-Law shall be determined by the Committee,
whose decision shall be final and binding. |
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Reference to these Rules and By-Laws made thereunder to words
in the singular shall be construed as including the plural or
vice versa. |
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Reference to these Rules and By-Laws made thereunder to words
in the masculine, shall be construed as including the feminine
and vice versa.
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Click here for
a pdf copy of the constitution |
