RULES OF SOLIHULL SWIMMING CLUB

18 July 2019

1. NAME

The name of the Club shall be SOLIHULL SWIMMING CLUB

2. OBJECTS

The objects of the Club shall be the teaching and practice of swimming, open water, swimming, diving, synchronised swimming and water polo

In the furtherance of these objects:

2.1 the Club is committed to treating everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion,

2.2 the Club shall implement the Swim England Equal Opportunities Policy and

2.3 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.

3. AFFILIATION

3.1 The Club shall be affiliated to Swim England West Midland Region and to such other bodies as the Club may determine from time to time.

3.2 The business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the Swim England and, in particular:

3.2.1 All competing members shall be eligible competitors as defined by Swim England Laws

3.2.2 The Club shall, in accordance with Swim England Laws, adopt the Swim England Child
Protection Procedures and

3.2.3 Members of the Club shall, in accordance with Swim England Laws, comply with the Swim England Child Protection Procedures

3.3 By virtue of the affiliation of the Club to Swim England West Midland Region, the Club and all of its members acknowledge that they are subject to the laws and rules of:

3.3.1 the Swim England West Midland Region and any other body to which it is affiliated,

3.3.2 Swim England (to include Code of Ethics),

3.3.3 British Swimming (in particular it's Doping Control Rules and Protocols and Disciplinary Code) and

3.3.4 FINA, the world governing body for swimming and its related disciplines

3.4 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.

4. MEMBERSHIP

4.1 Any person wishing to join the Club shall apply to the Club Secretary in writing.
Where the person wishing to join is under 18, the application must be signed by
his/her parent or guardian

4.2 All new members, other than affiliates and those who are already Swim England members, shall be liable to pay a non-refundable joining fee, which shall be determined by the Committee.

4.3 The total membership of the Club shall not normally be limited. If, however, the Committee considers that there is a good reason to impose a temporary limit on total membership or any class of membership then the Committee shall have the right to impose (and remove) such temporary limit. The Committee may from time to time set and vary standards for admission to the Club or any group within the Club.

4.4 All persons who assist in any way with the Club's activities shall be members of the Club. Where they are not already members in another category, they shall be granted affiliate membership.

Affiliate members shall pay a reduced annual subscription determined at the Annual General Meeting.

4.5 Honorary life membership of the Club may be offered to members who have rendered exceptional service to the Club subject to the approval by a majority vote at the Annual General Meeting.

4.6 Affiliate members and honorary life members shall have the same voting rights as ordinary members

4.7 Vice Presidents, without any voting rights, may be appointed by the Committee.

4.8 The Committee has the right to refuse membership but shall be required to give reasons for refusing membership.

4.9 Any person refused membership may seek a review of this decision before a Review Panel appointed by the Committee 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 Swim England West Midland Region. The person refused membership shall be entitled to make representations to the Review Panel. The procedures for the review shall be at the discretion of the Review Panel whose decision shall be final and binding.

4.10 The Club shall not refuse an application for membership on discriminatory grounds, whether in relation to ethnic origin, age, sex, religion, disability, political persuasion or sexual orientation.

4.11 The Club may refuse membership only for matters which, in the opinion of the Committee, constitute good and sufficient cause, including, but not limited to, conduct or character likely to bring the Club or the sport into disrepute or, in the case of a swimmer, being unable to achieve any entry standards for the time being in force.

4.12 A member wishing to resign membership must do so by giving one month’s notice to either the Club Secretary or the Membership Secretary. A member's resignation shall not take effect until this rule has been complied with. Membership fees remain payable until resignation takes effect.

4.13 A member who resigns in accordance with 4.12 is not entitled to have any fees returned.

4.14 The Swim England Membership Department may be informed should a member resign when still owing money or goods to the Club.

5. TEMPORARY MEMBERSHIP

5.1 Members may invite visitors to club sessions with the prior permission of a Club official but such visitors must become temporary members by completing the appropriate form and lodging it with a Club official.

5.2 Temporary members must comply with Club rules as if they were ordinary members.

6. MEMBERSHIP FEES

6.1 The amount of annual subscription fee and membership fee for each category of membership shall be determined by the Annual or Special General Meeting and must be approved by a majority of members present, eligible to vote and voting.

6.2 The annual subscription fee will be paid in January of each year. Membership fees will normally be paid monthly by direct debit on the 28th day of each month.

6.3 Cessation of monthly direct debit will lead to cancellation of membership unless it has been sanctioned by the Committee or its representative(s).

6.4 Where paid annually, the membership fee shall be due on 1st January and will be payable by 31st January. If a member subsequently leaves the Club, no refund of fees will be payable.

6.5 Any member whose annual subscription is not paid by 31st January may be excluded from club sessions by the Executive Officers until it has been paid. Where a member suspends or delays their monthly membership fee without prior approval by the Executive Officers
the Club may impose an additional charge, determined by the Executive Officers, and exclude that member from club sessions until it and any arrears of fees are paid.

6.6 In emergency circumstances, the Committee has the power to levy additional fees during the year provided that such fees are notified to the members in writing with an explanation of the reasons for the fees

6.7 The Executive Officers shall have the power in special circumstances to defer or remit the whole or part of a member’s fees to address issues of social inclusion or financial stringency

7. DISCIPLINE

7.1 The Committee shall have the power to expel a member when, in its opinion, it would not be in the interests of the Club for him/her to remain a member, subject to the provisions in 7.3 being followed. Any decision to expel a member requires a two-thirds majority of those present, eligible to vote and voting

7.2 Upon expulsion the former member shall not be entitled to have any fees refunded.

7.3 The Club shall adopt and comply with the Swim England Guidelines for handling Internal Club Disputes.

7.4 The Executive 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 any complaint by the member affected will be dealt
with in accordance with the Guidelines. Membership fees remain payable during any
period of suspension unless agreed otherwise by the Executive Officers.

8. THE COMMITTEE

8.1 The Club shall be managed and administered by the Committee which has
been properly elected by the Club in General Meeting.
All members of the Committee must be members of the Club and all members with
power to vote must be not less than 18 years of age, except that a Club Captain
will still have the power to vote whether or not he/she has reached 18 years of age.

8.2 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 appropriate training in accordance with Swim England Child
Safeguarding courses. The Welfare Officer will be a full member of the Committee.

8.3 The Committee shall consist of the following:

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• President

• Chairman

• Vice-Chairman

• Secretary

• Treasurer

• Water Polo Secretary

• Fixture and Gala Secretary

• Welfare Officer

• Head Coach (Swimming)

• Head Coach (Water Polo)

• Membership Secretary

• Club Captain

• up to 9 other Committee members

8.4 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 the power to enter
into contracts for the purposes of the Club on behalf of all the members of the Club. The Committee shall also have the power to make regulations and to settle disputed points not otherwise provided for in this Constitution.

8.5 Nominations for any position listed under 8.3 must be made by two members and must be received by the Club Secretary, with the written consent of the nominee, at least 15 days before the Annual General Meeting. Each position 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.

8.6 The Committee shall have the power to appoint the Club Captain and to fill any other vacancy that might arise during the year, may appoint a sub-committee for a special purpose with or without power to act and may co-opt on to the Committee a non-voting member for a particular purpose.

9. COMMITTEE MEETINGS

9.1 Committee meetings will be held at least 4 times per year at a convenient time and location.

9.2 Notice of meetings will be given by the Secretary at least 2 days before the meeting.

9.3 The quorum at Committee meetings shall be 8 or 50% of voting members eligible to attend, whichever is the lower, and must include at least 2 Executive Officers.

9.4 In the event that a quorum is not present, the meeting shall proceed but any decisions taken cannot take effect until ratified by a quorate Committee.

9.5 Decisions of the Committee shall be made by a simple majority of those present and voting (except under 7.1) and, in the event of equal votes, the Chairman (or acting Chairman) shall have the casting vote

9.6 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.

9.7 A written record shall be kept of all business conducted at Committee meetings and retained for at least 6 years.

9.8 Any Officer or Committee member who fails to attend 5 consecutive meetings without providing adequate reason will be deemed to have resigned from the Committee.

9.9 The Committee shall maintain an Accident Book in which all accidents to club members at swimming related activities shall be recorded. Details of reportable incidents and accidents shall be reported to the Swim England Insurance Agents. The Club shall make an annual return to the Swim England in the prescribed form.

10. OFFICERS

10.1 The Executive Officers are the Chairman, Vice-Chairman, Secretary and Treasurer

10.2 The duties of all Officers are set out in Job Descriptions maintained by the Chairman and Secretary

11. ANNUAL GENERAL MEETING

11.1 The Annual General Meeting of the Club shall, where possible, be held in November.

11.2 Notice of the date, time and venue of the Meeting, together with the resolutions to be proposed, shall be handed or sent to each member at his/her last known address. The notice will also be displayed on the Club notice board and the Club website.

11.3 The purpose of the Annual General Meeting is to transact the following business:

11.3.1 to receive the Chairman's report of the Club's activities during the previous year,
11.3.2 to receive and consider the accounts of the Club for the previous year,
11.3.3 to elect the officers and all other members of the Committee,
11.3.4 to appoint the independent examiner of the Club's accounts and
11.3.5 to decide on any resolution which has been properly submitted in accordance with
these Rules.

11.4 The Annual General Meeting will be open to all Club members, their families and
invited representatives of other bodies.

11.5 Any member wishing to make a proposal at the Annual General Meeting must notify the Club Secretary in writing giving details of the proposition and its seconder at least 28 days before the Meeting.

12. SPECIAL GENERAL MEETINGS

12.1 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 receiving a requisition in writing signed by not less than 10 members entitled to attend and vote at a General Meeting stating the purpose(s) for which the meeting is required and the resolution(s) proposed.

12.2 A Special General Meeting shall deal only with the matters set out in the Notice.

12.3 Attendance at Special General Meetings will be restricted to members of the Club

13. PROCEDURE AT ANNUAL AND SPECIAL GENERAL MEETINGS

13.1 The quorum for Annual and Special General Meetings will be 15 members entitled to attend and vote.

13.2 The Chairman or, in his absence, a member selected by the Committee, shall take the chair.

13.3 Each eligible member present shall have one vote.

13.4 Resolutions, other than alterations to Club Rules (see 14.), shall be passed by a simple majority.

13.5 In the event of equal votes, the Chairman shall have the casting vote.

13.6 Only members of the Club who are 16 years and over and attending the Meeting will be entitled to vote

13.7 The Secretary or, in his absence, a member of the Committee shall take minutes at General Meetings.

13.8 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.

14. ALTERATIONS TO CLUB RULES

14.1 Any alteration, addition or deletion to the Club Rules may only be made at an Annual or Special General Meeting and is subject to ratification by the Swim England West Midland Region.

14.2 A majority of at least two-thirds of members present, entitled to vote and voting must be obtained before the Rules can be amended to incorporate any new proposal.

14.3 Any anomaly in the Club Rules discovered during the year will be dealt with by the Committee and such action as they decide to overcome the anomaly may be effective immediately but must be submitted to the next Annual General Meeting for ratification.

15. FINANCE

15.1 All monies held by the Club shall be deposited in a bank account in the name of the Club. No sum above £5,000 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 thinks fit.

15.2 The income and property of the Club shall only be applied 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.

15.3 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 for services rendered to the Club. Payment may be made by the Treasurer on the receipt of documented details.

15.4 The financial transactions of the Club will be recorded by the Treasurer in such manner as the Committee thinks appropriate.

15.5 The Club's accounts shall close on 31st August each year and shall be independently examined before submission to the Annual General Meeting for approval.

15.6 The Committee shall retain for a minimum period of six years all financial records relating to the Club

16. DISCLAIMER

16.1 No responsibility will be accepted for loss of property or possessions during Club training sessions and events.

17. DISSOLUTION

17.1 The Club can only be dissolved by a resolution proposed in General meeting and
approved by a majority of at least three-quarters of members present, eligible to vote
and voting.

17.2 The dissolution shall take effect from the date specified in the resolution and the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.

17.3 In the event of dissolution of the Club, the assets remaining shall be devoted to objectives similar to those of the Club.

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 Solihull 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

Note:
Revision dated 18th July 2019

Rules approved at 2016 AGM on 29th November 2016 have been amended to change ASA to Swim England.