BRISTOL NORTH SWIMMING CLUB

CLUB RULES

1. Name

The name of the Club shall be Bristol North Swimming Club.

2. Objects

The objects of the Club shall be the objects of the Amateur Swimming Association and in particular to teach and promote the sport of swimming, to encourage the teaching of life saving and resuscitation and to provide such other means of recreation and entertainment as the Committee may from time to time consider appropriate. 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.

2.1.2

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 the Western District 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:-

2.3.1

All competing members shall be eligible competitors as defined in ASA Laws; and

2.3.2

The Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and

2.3.3

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 Western Counties Amateur Swimming Association the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1

The Western Counties and Gloucester County Amateur Swimming Associations; and

2.4.2

The Amateur Swimming Association (to include the ASA/ISTC Code of Ethics); and

2.4.3

The Amateur Swimming Federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and ASFGB Disciplinary Code); and

2.4.4

FINA, the world governing body of 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.

The total membership of the Club shall not normally be limited. If however the Committee considers that there is good reason to impose any limits from time to time then it may do so.

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 swimmer under the age of 17 years the application must be signed by the swimmer's parent or guardian). Election to membership shall be at the discretion of the Committee or a person authorised by the Committee. The Committee or such authorised person shall not be required to give reasons for the refusal of any application for membership.

The annual member's subscription and coaching/teaching 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 shall be due on joining the Club and thereafter on the 1st day of January each year.

4.3

The coaching fees are payable either annually in a lump sum or by instalments as determined by the committee.

4.4

Members joining the Club other than on the 1st January shall pay 1/12 of the annual subscription for each remaining month or part month of the year plus the coaching fees.

4.5

Any member whose subscription and/or coaching fees are 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 ASA membership fees on behalf of members, be consequential upon an increase in individual ASA membership fees. Any increase in subscriptions shall be advised to the members and the reasons will be reported to the members at the next Annual General Meeting.

5. Resignation

A member wishing to resign membership of the Club must give the Secretary written notice of his resignation. A member's resignation shall only take effect when this Rule has been complied with.

5.2

Not withstanding the provisions of Rule 5.1 above a member whose subscription is more than two months in arrear shall be deemed to have resigned.

The Committee shall have power to expel a member when, in its opinion, it would not be in the interests of the Club for him to remain a member.

6.2

The Club shall adopt and comply with the ASA Guidelines for handling Internal Club Disputes ("the Guidelines") as they 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. Members wishing to see the Guidelines should ask the Club Secretary for a copy.

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. The decision of the panel shall be subject to ratification by the Committee.

6.4

The Officers of the Club (or any person to whom the Committee may 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.

6.5

Any member or parent/guardian of a member who considers he has cause for complaint or is in dispute on any matter arising from the organisation or activities of the Club shall put his complaint or the reason for the dispute into writing to be given to any member of the Committee. The Committee shall deal with the complaint in accordance with the Guidelines.

The Committee shall consist of the Chairman, Secretary, Treasurer, (together "the Officers of the Club") Fixture Secretary, and 6 elected members all of whom must be members of the Club. Honorary members of the Club may take part in Committee meetings but shall not vote unless holding a position to which they were elected at an Annual General Meeting. All Committee members must be not less than 18 years of age though the Committee may allow members to attend their meetings without power to vote.

7.2

The Committee members, except the Club Coach 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. The Club Coach shall be appointed by the Committee.

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 not less than 50% of the current committee membership (to include not less than 1 Officer of the Club and two other members). 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 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 of the 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 addition to the members so elected the Committee may co-opt further members of the Club where such members have specialist knowledge or expertise considered to be of particular value to the Club. Co-opted members shall serve for such period as the Committee may determine but shall not be entitled to vote at meetings they attend.

7.5

The Committee may from time to time appoint such sub-committees as they may consider necessary and may vary the terms of reference of such sub-committees. The chairman of any sub-committee shall be a member of the full committee. The Committee may delegate to sub-committees 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 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 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 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.

8.2

The Committee may make nominations to the Annual General Meeting for the appointment of persons they consider to have earned in service to the Club the honour of being granted the position of Honorary Life Vice- President. Such persons shall be entitled to vote at General Meetings.

8.3

All Honorary Members of the Club must be included in the Club's annual return of membership.

The Annual General Meeting of the Club shall be held each year, wherever possible, in the month of March. The date of 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 reports of the Chairman, Secretary and Chief Coach on 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 elect or re-elect the independent examiner (who must not be a member of the Committee or a member of the family of a Committee member);

9.2.4

to elect the 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 8th February (i.e. 21 days before the earliest possible date of the Annual General Meeting). The nominee shall be required to indicate in writing on the nomination letter his willingness to stand for election. Notice of any other resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not later than 8th February. Nominations may be made at the Annual General Meeting for any vacancies for which nominations have not previously been received.

10. Special General Meeting

A Special General Meeting may be called at any time by the Committee. The Secretary shall give notice of a Special General Meeting within 21 days of the receipt by him of a request in writing for such a meeting signed by not less than 20 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.

11.1

The Secretary shall personally be responsible for giving notice of the date, time and place of a 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. The notice of the Meeting shall be displayed on the Club Notice Board.

11.2

The quorum for the Annual and Special General Meetings shall be 9 members entitled to attend and vote at the meeting.

11.3

The President, or in his absence the Chairman or other 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. In the event of an equality of votes the President, or person acting in his place, shall have a casting or additional vote. Paid up members who have reached their 18th birthday shall be entitled to be heard and vote on all matters.

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 President, or in his absence the person acting as Chairman of the meeting, 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

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 to the Rules shall become effective until such amendment shall have been submitted to and validated by Gloucester County ASA.

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.

All monies 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 monies 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.

14.3

No liabilities shall be incurred on behalf of the Club by any Officer or member except by authority of the Committee.

14.4

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.

14.5

The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee think fit.

14.6

The financial year of the Club shall be the period commencing on 1st January and ending on 31st December. Any change to the financial year shall require the approval of the members in a General Meeting.

The Committee shall appoint a girls and a boy's captain annually to serve from January to December. The Committee shall consider the names of senior swimmers nominated by the Chief Coach and/or Committee members. If necessary all eligible swimmers, as determined by the Committee, shall be balloted to make a final choice.

15.2

Junior team captains will be appointed by the Chief Coach annually to serve from January to December.

Only swimmers who have been members of the Club for two months before the date of competition may compete in the Club Championships.

16.2

Members changing their address should immediately notify the Club Secretary.

16.3

Members must sign their membership cards. Members losing their membership cards should notify the Membership Secretary who will issue a replacement on payment of the sum of 25p.

16.4

The Club badge shall be the cardinal points of the compass with the Club's initials quartered on a shield. The preferred colours of Club swimwear shall be black and white.

16.5

Persons qualified as Lifeguards are present at all Club training sessions and competitions but all members and non members present at any Club function whether they are in the water or not are reminded that they have a duty of care to themselves and to every other person present.

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 those objects.

The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.

 

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