 |
-
Name
The name of the Club shall be ‘Nottingham Portland Swimming Club’
and its colours are
purple, black and white.
-
Objects
-
The objects of the Club shall be the objects of the Amateur
Swimming Association. In the
furtherance of these objects :-
-
The Club is committed to treat everyone equally within the
context of his or her activity, regardless of sex, ethnic
origin, religion, disability 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.
-
The Club shall be affiliated to the Amateur Swimming
Association East Midlands 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.
-
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 :-
-
All competing members shall be eligible competitors as
defined in ASA Laws; and
-
The Club shall in accordance with ASA Laws adopt the ASA
Child Protection Procedures; and
-
Members of the Club shall in accordance with ASA Laws comply
with the ASA Child Protection Procedures.
-
By virtue of the affiliation of the Club to the
East Midlands Region of the ASA the Club and all members of the Club
acknowledge that they are subject to the laws and rules of :-
-
The East Midlands
Region of the ASA and the Nottinghamshire ASA;
and
-
The Amateur Swimming Association; (to include the ASA/ISTC
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")
-
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.
-
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 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.
-
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 at the
discretion of the Committee or other person(s) authorised by the
Committee. The Committee or such authorised person(s) shall not
be required to give reasons for the refusal of any application
for membership.
-
Subscription and Other Fees
-
The annual member subscription and coaching and squad fees (as
applicable) 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.
-
The annual subscription and entrance fee (if any) shall be due on
joining the Club and thereafter on the 31st day of January each year.
-
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.
-
The Committee shall, from time to time, have the power to determine
the annual membership subscription and other 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.
-
Resignation
-
A member wishing to resign membership of the Club must give to the
Secretary written notice of his or her resignation. A member's
resignation shall only take effect when this (Rule 5.1) has been
complied with.
-
Notwithstanding the provisions of Rule 5.1 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 that person shall be informed in writing that he is no longer a
member by notice handed to him or her or sent by post to his or her last
known address.
-
Expulsion and other Disciplinary Action
-
The Committee shall have power to expel a member when, its opinion,
it would not be in the interests of the Club for that person to remain a
member.
-
The Club shall adopt and comply with the ASA Guidelines for handling
Internal Club Disputes ("the Guidelines") as the same may be revised
from time to time.
-
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. A
member who is expelled by the Club is allowed one appeal against the expulsion under ASA judicial rules.
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.
-
The Committee
-
The Committee shall consist of the Chairman, Secretary, Treasurer,
Fixtures Secretary, Gala Secretary, Team Manager, Welfare Officer,
Membership Secretary and Publicity Officer and up to three general
members (together "the Officers of the Club") all of whom must be
members of the Club. All Committee members must be not less than 18
years of age though the Committee may allow younger members to attend
their meetings as observers without power to vote.
-
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. The Committee may fill any vacancy occurring by resignation or
otherwise. Retiring members of the Committee shall be eligible for
re-election.
-
Committee meetings shall be held not less than once every eight
weeks (save where the Committee itself shall by a simple majority
resolve not to meet), and the quorum of that meeting shall be five of
the Committee 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 notice of a meeting
unless the urgency of the meeting necessitates shorter notice. 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 or her
absence, a member of the Committee, shall take minutes.
-
In the event that a quorum is not present within thirty minutes of
the published start time, a meeting shall stand adjourned to the 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.
-
In addition to the members so elected the Committee may co-opt up to
two 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.
-
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 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 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.
-
Officers and Honorary Members
-
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.
-
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 ASA.
-
The Committee may elect any person as an honorary member of the Club
for such period as they think fit and that person shall be entitled to
all the privileges of membership except that the person shall not be
entitled to vote at meetings and serve as an officer or on the Committee
unless any such person shall have retained in addition his or her
ordinary membership of the Club. Such honorary members must be included
in the Club's annual return as to membership.
-
Annual General Meeting
-
The Annual General Meeting of the Club shall be held each year on a
date falling within the period 1st November ("the Opening Date") and 30
November ("the Closing Date"). The date for the Annual General Meeting
shall be fixed by the Committee.
-
The purpose of the Annual General Meeting is to transact the
following business :-
-
To receive the Chairman's report of the activities of the Club
during the previous year;
-
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;
-
To receive individual reports of the activities of other Officers
of the Club during the
previous year.
-
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;
-
To elect the Officers and other members of the Committee;
-
To decide on any resolution which may be duly submitted in
accordance with Rule 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 21 days before the opening date
specified above. If no nominations are received by this date,
nominations may be accepted up to and including the Annual General
Meeting. The nominee shall be required to indicate in writing on the
nomination form his or her 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.
-
Special General Meeting
-
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 or her of a requisition in writing
signed by not less than 7 members entitled to attend and vote at a
General Meeting stating the purposes for which the meeting is required
and the resolutions proposed.
-
Procedure at the Annual and Special General Meetings
-
The Secretary shall personally be responsible for the handing out
or sending to each member at his or her last known address written
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 Notice of Meeting shall in addition wherever possible be displayed
on the Club Notice Boards.
-
The quorum for the Annual and Special General Meetings shall be 7
members entitled to attend and vote at the Meetings or (if greater) such
number as represents one-tenth in number of such members.
-
The Chairman, or in his or her 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. 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
must be accompanied by at least one of their parents or a guardian and
shall be entitled to be heard and vote at the discretion of the
Chairman.
-
The Secretary, or in his or her absence a member of the Committee,
shall take minutes at the Annual and Special General Meetings.
-
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.
-
Alteration of the Rules and other Resolutions
-
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 the ASA.
-
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 or her not later
than 10 September 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 and thereafter the Secretary shall supply a copy of the proposal
or resolution to the members in the manner provided in Rule 11.1.
-
By-Laws
-
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.
-
Finance
-
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 above £100 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.
-
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.].
-
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.
-
The financial transactions of the Club shall be recorded by the
Treasurer in such manner as the Committee think fit.
-
The financial year of the Club shall be the period commencing on 01
November and ending on 31 October. Any change to the financial year
shall require the approval of the members in a General Meeting.
-
Borrowing
-
The Committee may borrow money at their own discretion from time to
time on behalf of the Club for the general upkeep of the Club or with
the prior approval of a General Meeting for any other expenditure,
additions or improvements. The sum borrowed shall not exceed £250 unless
approved by a General Meeting.
-
When so borrowing the Committee shall have power to raise in any
legal 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.
-
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.
-
Property
-
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.
-
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.
-
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.
-
Dissolution
-
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.
-
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.
-
Any property remaining after the discharge of the debts and
liabilities of the Club where practical shall be divided equally among
the members of the Club at the date of dissolution. Any property not so
divided shall be given to a charity or charities nominated by the last
Committee.
-
Acknowledgement
-
The Members acknowledge that these Rules constitute a legally
binding contract to
regulate the relationship of the members with each other and the Club.
|
