Rules and Constitution of Crewe Flyers Amateur Swimming Club

1 Name

The name of the Club shall be Crewe Flyers Amateur Swimming Club hereinafter known as 'the Club'

2 Objects

2.1 The objects of the club shall be

2.1.1 The teaching development and promotion of competitive swimming and public awareness.

2.1.2 The Club is committed to treat everyone equally within the context of his or her activity, regardless of sex, ethnic origin, religion, disability, age or political persuasion.

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 Amateur Swimming Association North West Region (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 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 Amateur Swimming Association North West Region the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 Amateur Swimming Association North West Region; 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 for the sport of swimming in all its disciplines (together the Governing Body rules')

2.4.5 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.

3.2 Any person who wishes to become a member of the Club must submit a signed application to the Membership Secretary (and in the case of a junior swimmer, the application must be signed by the swimmers parent or guardian). The Committee shall in the discretion of the Committee or other person(s) authorize election to membership. The Committee or such authorized person(s) shall not be required to give reasons for the refusal of any application for membership.

4 Subscription and Other Fees

4.1 The annual members subscription and coaching 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 1 st day of April each year.

4.3 Any member whose subscription is unpaid by the date falling 30 days after April 1 st may

Be suspended by the Committee from some or all dub activities from a date to be determined by the Committee and until such payment is made.

4.4 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 an increase in the subscription. Any increase in subscriptions shall be advised to the members in writing and displayed (on the club notice board) with the reasons for any increases 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 their resignation. A member's resignation shall only take effect when this (Rule 5.1) has been complied with.

5.2 Not withstanding the provisions of Rule 51 above a member whose subscription is more than two months in arrears 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, 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 handing internal Club Disputes ('the Guidelines'). The Guidelines are set out as an Appendix to the ASA Judicial Laws and appear in the ASA Handbook a copy of the currant Guidelines may be obtained from the ASA Legal Affairs Department

6.3 A member may not be expelled or (subject to Rule 64 below) be made the subject of any

Other penalty unless that panel hearing the dispute 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 an/or wider club activities, when in their opinion, such action is in the interests of the Club. Where such action is taken the dispute will there after be dealt with in accordance with the ASA Guidelines for handing internal Club Disputes.

6.5 Any member has the right of appeal within seven days

6.6 If either party is still dissatisfied with the outcome, they the right to make a Complaint to the Judicial Administrator at ASA Head Office.

7 Committee

7.1 The Committee shall consist of the Officers President, Chairman, Secretary, Treasurer, together with the Welfare Officer, Gala Secretary, Competition Secretary, Membership Secretary, Social Secretary, Public Relations Officer and up to 12 other members all of whom must be members of the Club. All Committee members must be not be less than 18 years of age though the Committee may allow younger member(s) to attend their meetings as observers without power to vote. Boy and Girl captain may attend (regardless of age) without power to vote.

The Chief coach may by invitation attend the meetings without power to vote.

7.2 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 at least six Committee members. To include not less than two Officers. 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 seven 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 the minutes

7.3 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned: Until a 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.

7.4 In addition to the members so elected the Committee may co-opt up to 5 further members of the Club who shall serve until the next Annual General Meeting.

7.5 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.

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 the members of the Club. The Committee shall be responsible for ensuring that an independent examiner to be appointed by the members in General Meeting examines the Accounts of the Club for each financial year.

7.7 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.

8 Officers (and Honorary Members)

8.1 The Officers and Committee of the Club 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. The Committee may fill any vacancy occurring by resignation or otherwise. 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 club and on election shall, ex officio, be an honorary member of the Club an must be included in the Club's Annual Returns of Members to the ASA.

8.3 The Committee may elect any person as an honorary member of the Club for such period as they think 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 falling within the period 1 st November (the opening date') and 1st December ('the closing date'). The Committee shall fix the date and venue, venue for the Annual General Meeting to be fixed no later than the last day of August prior to the meeting.

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 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 on the appropriate form and signed by the proposed, proposer and seconder to the Secretary not later than 1Oth October (i.e. 21 days before the Opening Date specified above). 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 less than 21 days before the Opening Date.

10 Special General Meeting

10.1 The Committee may call a Special General Meeting at any time. 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 10 members entitled to attend an vote at a General Meeting 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 supply for the handing out or sending to each voting member at his last known address written notice of the date, time and place of the Special 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 Notice of the Annual General Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists. The notice for a Special General Meeting shall be displayed on the Club Notice Board where one exists, along with the resolutions proposed.

11.2.1 The quorum of the Annual and Special General Meetings shall be 10 members entitled to attend and vote at the Meeting.

11.3 The Chairman, or in his absence a member selected by the voting members present, shall take the chair. Each member present shall have one vote and a simple majority shall pass resolutions. In the event of an equality of votes, the Chairman shall have a casting or additional vote. Paid up members who have reached their16th 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.

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 meetings, 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 to the rules shall become effective until such amendment shall have been submitted to and validated by Amateur Swimming Association North West Region

12.2 Any member entitled to attend and vote at a Special General Meeting shall be entitled to put any proposal for consideration at any Special 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/her not later than 10 October in the case of the Annual General Meeting or (in the case of a Special General Meeting) 14 days before the date of the meeting an 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 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 above £1000 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.

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 The Committee shall have power to authorize the payment of expenses to any officer, member or employee of the Club and to any other person or persons for services rendered to the Club. The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.

14.4.1 The financial year of the Club shall be the period commencing on 1 st October and ending on 30th September. Any change to the financial year shall require the approval of the members in a General Meeting.

15 Property

15.1 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.

15.2 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.

15.3 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.

16 Championships

16.1 To run the club championships (as defined by the committee) annually.

16.2 Only fully paid up members may complete.

17 Acknowledgement

I acknowledge receipt of the rules of Crewe Flyers 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.