Club constitution

RULES of SAXON CROWN (LEWISHAM) Swimming Club

as at November 2006

1. Name

1.1 The name of the Club shall be Saxon Crown (Lewisham) Swimming Club. The Patron

of the club will be the Mayor of the London Borough of Lewisham.

2. Objects

2.1 The objects of the Club shall be the teaching, development and practice of swimming,

diving, synchro, open water, water polo for its members 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. London 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 Amateur Swimming Association ("A.S.A Laws”) and in

particular:

2.3.1 all competing members shall be eligible competitors as defined in A.S.A.P Laws;

and

2.3.2 the Club shall in accordance with A.S.A. Laws adopt the A.S.A. 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;

2.3.3 members of the Club shall in accordance with A.S.A. Laws comply with the A.S.A. Child

Protection Procedures.

2.4 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, rules and constitutions of:

2.4.1 ASA London Region; and

2.4.2 the Amateur Swimming Association; (to include the A.S.A./IOS Code of Ethics); and

2.4.3 British Swimming (in particular the ASFGB Doping Control Rules and Protocols and its

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.

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.

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.

3.2 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 applicants’ 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 panel shall [wherever practicable] include one independent member

nominated by the ASA London 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.

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.

3.3 Members who compete in Club Championship events must have been bona fide

members of the Club for not less than six weeks prior to the closing date of the said

Championship.

4 Subscription and Other Fees

4.1 The annual members’ subscription and coaching squad fees 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 shall be due on joining the Club and thereafter

on the 1st day of April each year.

4.3 Any Junior swimmer who joins the Club as a new member after 1st November shall pay

a half-rate subscription plus the enrolment fee and thereafter the full annual subscription

payable on 1st April.

4.5 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.

4.6 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.

5 Resignation

5.1 A member wishing to resign membership of the Club must give to the 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 arrear 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 post to his last known address.

6 Expulsion and other Disciplinary action

6.1 The Committee shall have power to expel a member when, its opinion, it would not be in

the interests of the Club for him to remain a member. The Club in exercising this power shall

comply with the provisions of Rules 6.2 and 6.3 below.

6.2 The Club shall adopt and comply with the A.S.A. 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 A.S.A. Judicial Laws and appear in the A.S.A. Handbook. (A

copy of the current Guidelines may be obtained from the A.S.A. 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 interests 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, Secretary, Treasurer (together "the

Executive Officers of the Club”) and up to two other elected members all of whom must be

members of the Club. The club shall have a Welfare Officer. All Committee members must be

not less than 18 years of age though the Committee may allow younger member(s) to attend

their meetings without power to vote.

7.2 The Committee members shall be proposed, seconded and elected by ballot at the Annual

General Meeting each year and shall remain in office until their successors are elected at the

next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled

by the Committee. Retiring members of the Committee shall be eligible for re-election. (See

also 8.1)

7.3 Committee meetings shall be held not less than once a month (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 written

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 absence a member of the Committee, shall

take minutes.

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 In addition to the members so elected the Committee may co-opt up to 3 further members

of the Club who shall serve until the next Annual General Meeting. Co-opted members shall not

be entitled to vote at the meetings of the Committee and shall not be counted in establishing

whether a quorum is present.

7.6 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. The Executive Committee shall have power to dismiss any

sub-committee.

7.7 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. The Committee shall also have power to make

regulations and to settle disputed points not otherwise provided for in this Constitution.

7.8 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.

7.9 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. Office. The Club shall make an annual return to the A.S.A. in the prescribed form.

8 Officers and Honorary Members

8.1 The Executive Officers and Committee of the Club shall be proposed, seconded and

elected (by ballot) 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 the Committee. 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

Club’s Annual Return of Members to the A.S.A.

8.3 The Committee may elect any person as an honorary member of the Club for such period

as it thinks 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 in June. The

date 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 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.

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 seconder to the Secretary not later than 10th May.

The nominee shall be required to indicate in writing on the nomination form his 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 10th May.

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 of a

requisition in writing signed by not less than 7 members entitled to attend and vote at a General

Meeting or (if greater) such members as represent 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 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 thereat at least 14 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 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 7 members or (if

greater) such number as represents one-tenth in number of such members entitled to attend

and vote at the Meeting.

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 9.3. 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 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. London 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 not later than 10th May 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 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 thinks fit.

14.5 The financial year of the Club shall be the period commencing on 1st April and ending on

31st March. Any change to the financial year shall require the approval of the members in a

General Meeting.

14.6 The Committee shall retain for a minimum period of six years all financial records

relating to the club and copies of Minutes of all meetings.

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

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.