Bridgend County Swim Squad Swimming Club as at October 2015
The name of the Club shall be Bridgend County Swim Squad
The Club and all members of the Club (The Club Members) shall be bound by
this constitution (as varied from time to time) and that of Swim Wales
The Swim Wales Constitution means its Articles of Association and the Swim
Wales Rules (as varied from time to time).
The primary objects of the Club shall be
to foster encourage and develop Swimming.
Swimming – means swimming water polo synchronised swimming open water
swimming and diving.
The objects of Swim Wales as expressed in the Swim Wales Constitution shall
– where appropriate and relevant - apply to the Club – and its membership.
If there shall be any conflict between any provision of the Club’s
Constitution and the Swim Wales Rules – the provision of the Swim Wales
Rules shall apply
The Club shall be affiliated to Swim Wales and such other bodies as the Club
may decide from time to time.
management of the Club shall be conducted solely by the Management Committee
the Management Committee
The membership of the Management Committee shall comprise:
The Chairman Secretary and Treasurer; who may appoint;
as Officers (and expressed to be Officers) to perform specific duties;
At least two elected members (who must be aged 18 or over). The Management
Committee may prescribe a higher number
Any co-opted members who may include any athlete representative and swimming
coach and who may be invited by the Management Committee to attend meetings
of the Management Committee from time to time
The Officers of the Club shall be as defined in 3b)i)(1) and 3bi)(2)
The Officers of the Club and the elected members in 3b)i)(3) above shall be
entitled to receive notice of and to attend and vote at all meetings of the
Any co-opted members of the Management Committee who shall attend meetings
of the Management Committee by invitation shall not be entitled to vote at
Every Member of the Management Committee must at all times be a fully paid
up Club Member and a member of Swim Wales. Membership of Club Members of
Swim Wales in this constitution means the affiliation of Club Members to
Swim Wales which is derived from their membership of the Club
Election/Appointment of Members of the Management Committee
to any prescribed maximum number of elected members - members shall be
elected or appointed to serve on the Management Committee as follows:
nomination by members (see Annual General Meeting (AGM) later)
(from among nominated members) shall be proposed seconded and elected by
ballot at the Annual General Meeting of the Club every year or - at the
discretion of the Management Committee – at any other general meeting;
appointment by the Management Committee to fill a vacancy which may occur by
resignation or death or otherwise.
elected members and any member who may be appointed other than at the Annual
General Meeting shall remain in office until the next Annual General Meeting
after their election or appointment – and shall then retire.
members shall be eligible for re-election except that members shall not
serve for more than 8 complete continuous years.
iv) Any member
who shall have retired – having served for the said maximum period - may
seek re-election as a member on the expiration of a period of 4 years after
the said retirement.
v) In the
case of Members of the Management Committee on the date of the adoption of
this constitution the maximum period of 8 years shall commence on that date
Management Committee – General Matters
Frequency of Meetings
Committee meetings shall be held not less than quarterly unless the
Management Committee shall prescribe more frequently held meetings..
Chairman and the Secretary shall have the discretion to call a meeting of
the Management Committee at any time.
ii) Notice of
(1) Not less
than 7 days written or verbal notice of any Management Committee meeting
shall be given to all the Management Committee members
(2) Swim Wales
shall have the right to attend any meeting of the Management Committee and
any club committee and sub-committee meetings if it deems it to be necessary.
resolutions of the Management Committee shall be by a simple majority
(2) If there
shall be equality of votes cast for and against any motion/resolution the
Chairman of the meeting shall be entitled to a second or casting vote
(3) The quorum
for Management Committee meetings shall be 4 members of the
Management Committee (that is officers and voting members (present in
(4) If a quorum
shall not be present within a period of thirty minutes after the proposed
start time of any meeting or adjourned meeting of the Management Committee -
the meeting shall be re-convened at the discretion of the Chairman.
Management Committee may co-opt additional members to serve on the
Management Committee for specific/designated purposes
attendances of co-opted members at Management Committee meetings shall be at
the discretion of the Management Committee
Management Committee may terminate the appointment of any co-opted Member at
members shall not be entitled to vote at Management Committee meetings and
shall not be counted in establishing whether a quorum is present.
Management Committee may create sub-committees to perform
specific/designated duties from time to time
sub-committee members (who shall be members of the Management Committee)
shall be appointed by the Management Committee.
sub-committees shall periodically report their proceedings to the Management
Committee as required by the Management Committee. They shall conduct their
business in accordance with the directions of the Management Committee –
which shall have the sole power of decision making in relation to any
Management Committee shall:
(i) have the
sole right of appointing and terminating the employment of employees of the
determine the terms and conditions of service of the employees of the Club
full compliance with employee rights and related legislation .
Contracts/Financial Statements etc
Management Committee shall have sole power to enter into contracts involving
the Club on behalf of all the Club Members.
Management Committee shall ensure:
(a) that the
day to day accounts and financial controls and record keeping of the Club
are fully secure and up to date;
(b) that all
record keeping shall facilitate the preparation and presentation of the
annual financial statements of the Club by the Club’s Accountant as a true
and fair view of the financial affairs of the Club
(c) That it
shall immediately inform Swim Wales if it has any grounds for believing that
any financial record keeping or transactions of the Club shall be defective
or that the Club may be insolvent – and shall take immediate appropriate
remedial action with the guidance of Swim Wales
Management Committee may at its discretion submit its annual financial
statements to an Independent Examiner for examination – and shall do if
directed by Swim Wales.
(4) The annual
accounting period of the Club shall end on 31st March or as
decided otherwise by the Management Committee.
(5) Any annual
reports of Officers and the annual financial statements of the Club shall be
forwarded to Swim Wales within a period of 3 months after the end of every
The annual financial statements shall include a detailed income and
expenditure account and a balance sheet. The income and expenditure account
shall – by way of note – state the number of Club Members and the fees
actually paid by them
(7) All Club
money shall be lodged at a bank or building society which shall be approved
by the Management Committee
Management Committee shall decide all matters relating to the Club’s
bank/building society account(s) (including account signatories)- But - all
Club cheques – other payments and all instructions to the Club’s bank must
be authorised by at least 2 approved signatories.
Management Committee members shall be indemnified by the Club against all
liabilities claims and demands which may be properly incurred by any of them
in the course of carrying out duties as a Management Committee member. This
shall not apply in the case of any dishonesty or negligence on the part of
Management Committee may approve the purchase and maintenance of insurance
at the expense of the Club for the benefit of the Management Committee
members in respect of any loss. A loss in this case means any loss or
liability which has been or may be incurred by any such member in connection
with his or her duties and responsibilities for and to the Club
Termination of Membership of the Management Committee
Management Committee may terminate the membership of a member of the
who shall be absent from three consecutive meetings of the Management
Committee without a reasonable cause;
(2) who may –
in the reasonable opinion of the Management Committee – have acted in any
way which harms or shall harm the reputation of the Club.
Every Member of the Management Committee must avoid any kind of conflict of
interests which he she may have with those of the Club and shall not
participate in any decision making in relation to any such conflicting
interest. Any such conflict and any interest which any Member may have in
any business which may be conducted by the Management Committee must be
fully disclosed by the particular Member to the Management Committee prior
to any consideration of the particular business. In that case the said
Member shall vacate the meeting and shall
take no part
in any such consideration or decision making in relation to the particular
Officers of the Club shall be appointed by the Management Committee – and by
Club Members at the Annual General Meeting. The Management Committee may
terminate the office of any Officer at any time.
shall remain in office until the next Annual General Meeting after their
appointment or re-appointment – and shall then retire.
Officers shall be eligible for re-appointment except that no Officer shall
serve for more than 8 continuous years. Any Officer who shall have retired –
having served for the said maximum period - may be appointed as an Officer
on the expiration of a period of 4 years after the said retirement.
iv) In the
case of Members of the Management Committee on the date of the adoption of
this constitution the maximum period of 8 years shall commence on that
An Officer may not be an office holder of more than one office at any
one time. (“Office holder” means – Officer of the Club or the holder of
any other office or designated role within the Club - whether paid or not).
A family relative or partner of any office holder or of any other member of
the Management Committee shall not be permitted to serve on the Management
Committee in any capacity.
shall attend Swim Wales safeguarding courses at least once every three years
or as required by the Management Committee– and any other course which Swim
Wales believe to be appropriate
The Club Welfare Officer
The Club - as with all Swim Wales affiliated clubs - must have a Club
The Club Welfare Officer - who shall not be an Officer of the Club - shall
be entitled to receive notice of and to attend but not to vote at meetings
of the Management Committee. He or she can attend in an advisory capacity.
Reference to the role of the Welfare Officer can be
found in the Y Plant – Swim Wales Safeguarding Policy for Children and
Vulnerable Adults or shall be as otherwise defined by Swim Wales.
The Club Welfare Officer
(1) a Swim
Wales “Time to Listen” course within a period of 3 months after his or her
appointment and whenever Swim Wales may require; and
(2) Swim Wales
safeguarding courses at least once every three years or as required by the
Management Committee– and any other course which Swim Wales believe to be
Annual General Meeting of the Club shall be held within a period of 6
months after the end of the Club’s financial year.
business of the AGM shall be:
(1) To receive
any annual reports of the Officers
To receive the annual financial statements of the Club
(3) To appoint
(4) To elect
members to serve on the Management Committee
(5) To consider
any motion which may be proposed
(6) To confirm
(7) To consider
any other appropriate business at the discretion of the Chairman
Annual General Meeting may on the recommendation of the Management Committee
elect a President and/or Vice-President(s)
c) Notice of
of the AGM shall
(1) be given in
writing to the Club Members and to Swim Wales at least 21 days before
the date of the AGM
nominations for the appointment of Officers
nominations for elected membership of the Management Committee
the latest date for the submission of such nominations
that nominations shall be proposed and seconded by voting Club Members of
the Club and shall be signed by the person nominated.
accompanied by copies of the annual reports and financial statements of the
d) Voting and
at the AGM shall normally be by a show of hands. The Chairman of the
meeting shall have the discretion to call a ballot – and shall do so if at
least 5 voting Club Members request one
quorum for the AGM shall be at least 10 voting Club Members – present in
person. If this quorum shall be or shall become impractical it may be
varied at the joint discretion of the Management Committee and Swim Wales
aggregate of - at least 10 voting Club Members or at least 10% of the number
of voting Club Members of the Club (whichever shall be the highest number)
may require the consideration of a motion at the AGM by giving written
notice to the Club at least 7 days before the meeting.
All Club Members shall be entitled to vote at general meetings of the
Club – except
Club Members who shall not have reached 16 years of age;
Suspended Club Members. A suspended Club Member means a member who
shall be deprived of membership rights pending an enquiry or appeal
Lapsed Club Members. A lapsed member means a member who shall have
failed to pay membership fees whose membership rights shall be withheld
until all outstanding membership fees have been fully paid
Honorary Club Members – and Presidents and Vice-Presidents – in those
A parent or guardian may represent and vote on behalf of a Club
Member under the age of 16 – on presentation of proof of his or her
relationship with the particular Club member in a form approved by the
Management Committee. A parent or guardian of 2 or more of such Club
Members shall be restricted to 2 votes on any motion
vi) Swim Wales
shall have the right to attend any General Meeting – including any Special
General Meeting if it deems it to be necessary.
A Special General Meeting:
i) may be
called at any time by the Management Committee;
ii) shall be
called on a written requisition in writing to the Club by not less than 20%
of the number of voting Club Members; and
iii) shall be
called on a written requisition by Swim Wales to the Club.
Any such written requisition shall set out precisely the specific and
prescribed purpose of the requisitioned meeting.
No other business shall be transacted at such a meeting.
If the SGM shall not be called within a period of 4 weeks after the service
on the Club of any such requisition - the said Club Members or Swim Wales
(as the case may be) may convene the meeting and may prescribe how it shall
Otherwise the above provisions which apply to the AGM – as appropriate – in
relation to notice - voting and quorum shall apply to an SGM – except that
in the case of a Club Members’ requisition - at least 80% of the voting Club
Members of the Club who shall have expressly requisitioned the SGM shall be
an additional quorum requirement for the meeting
Membership of the Club
shall be open to all persons subject to the approval of the Management
Committee - and to any written directions of Swim Wales in accordance with
the Swim Wales Rules.
shall be required to affiliate all Club Members to Swim Wales. All Club
Members shall be bound by the Swim Wales Rules and constitution of Swim
Wales and of the Club which are in force at the appropriate time.
All Club Coaches and Teachers - Club
Swimmers and other Club service providers must be or must become Club
Members. Club service providers means any person (who may include a parent
or relative or carer of any Club member) who shall carry out any swimming
related activity (whether poolside or not) for and with the written
authority of the Management Committee. No person shall be permitted to carry
out any such activities for the Club or for any Club member unless he or she
shall have been admitted as Club Member before doing so.
teachers and club service providers shall attend Swim Wales safeguarding
courses at least once every three years or as otherwise required by the
Management Committee – and any other courses which Swim Wales believe to be
applying for membership of the Club who is already a member of another Club
shall be admitted at the discretion of the Management Committee
Any person applying for
membership of the Club shall do so on the prescribed form of the Club.
The Management Committee may appoint any person as an honorary Club Member
for such period as it thinks fit. Any honorary Club Member shall be entitled
to all the privileges of membership except that he or she shall not be
entitled (in the capacity of honorary member) to vote at general meetings of
the Club nor serve as Officer. Any honorary Club Members must be included
in the Club’s annual return as to membership.
Membership fees payable by
Club Members shall include the Club joining fees and the ongoing Club fees -
and the subscription fees of Swim Wales
The Club joining and
ongoing Club fees shall be reviewed annually (or as necessary at other
times) by the Management Committee. The said Club joining and ongoing Club
fees and the annual Swim Wales subscription shall be confirmed at the AGM
Membership fees – payable
by Club Members - shall be due on the first day of March in each year. The
club will collect the fee from members through their monthly club
subscription (included within each squad’s monthly fee) and shall pay the
same to Swim Wales before the 30th April in every year.
The Management Committee
may lapse the membership of a Club member who shall fail to pay all
membership fees by the due date. Any such Club Member (while he or she
shall be a lapsed member) shall not be permitted to take part in any Club
activity whether competitive or not – nor to attend and vote at any general
meeting of the Club. The membership of a lapsed member may be re-instated by
the particular member paying up all membership fees which shall be due. It
shall then be as if he or she had not been a lapsed member
person applying for membership on or after the first day of April shall -
for the period to 31st March - be required to pay the Club
joining fee and the Swim Wales subscription fee - and such part of the
ongoing Club fees for the period to 31st March as shall be
decided by the Management Committee. All fees shall be payable within one
month of acceptance of membership
Any person applying for membership on or after the first day of January
shall for the period to 31st March - be liable to pay the fees as
in e) above – except that the Swim Wales subscription fee shall be at its
reduced rate for the period.
A Club Member wishing to resign membership of the Club must give written
notice to the Club of his/her resignation and must discharge all liabilities
to the Club. A member’s resignation shall only take effect when this rule
has been complied with.
A Club Member whose membership Fees shall be more than 2 months in
arrears shall be deemed to have resigned. Where any membership shall be
terminated in this way the individual concerned shall be informed in writing
of the termination of membership by written notice handed to him/her or sent
by post to his/her last known address.
Whenever any dispute may arise which
involves a Club Member or if any alleged breach of discipline by a Club
Member may occur - the Club shall endeavour to resolve the dispute/breach as
quickly – informally - and as amicably as possible and in accordance with
the Club’s relevant Code of Conduct.
Where appropriate the Club Welfare Officer shall be involved and consulted
from the outset.
Subject to the said Code of Conduct -
any need to discipline Club Members for minor incidents of misbehaviour or
to resolve a dispute - can usually be done by the Coach/Team Manager.
If this fails or cannot be resolved within a period of 7 days or if it is
clearly necessary to discipline a Club member - the Club shall follow its
published Disciplinary Code unless the disciplinary process/dispute
resolution shall be conducted by Swim Wales.
If any dispute shall be employee related the parties shall be bound by the
terms of the employment contract.
Subject to the preceding clauses a) and b) - the following principles shall
apply in the case of any dispute/disciplinary action which involves a Club
of any dispute between the Club and a Club Member and any disciplinary
proceedings involving a Club Member shall be conducted by the Club unless
Swim Wales may be involved in any Appeal. The Club shall inform Swim Wales
of any such dispute or disciplinary action immediately.
It will always
be in the interests of the Club and the particular Club Member to commence
and conclude any dispute or disciplinary proceedings without delay.
The Club shall
commence and diligently follow its dispute/disciplinary procedures which are
prescribed in its Disciplinary Code within a period of 7 days after having
received notice of the dispute or alleged breach. The Club shall make all
reasonable endeavours to resolve any such dispute and to conclude any
disciplinary proceedings without delay and within a period of three months
after the dispute or alleged breach becomes known to the Club.
If any dispute
resolution or disciplinary proceedings shall not be commenced and concluded
within the above period - Swim Wales may at its discretion direct the Club
to refer the dispute/disciplinary proceedings to Swim Wales.
If Swim Wales
shall exercise its discretion under the previous Clause the Club shall refer
the dispute/disciplinary proceedings to Swim Wales as soon as it is directed
to do so. Swim Wales shall then conduct the dispute resolution or
disciplinary proceedings in accordance with its Disciplinary Code
between a Club Member and a Club Member of a different Club or between a
Club Member and Swim Wales shall be referred by the Club to any dispute
resolution shall be conducted by Swim Wales. The Club shall refer the
dispute to Swim Wales as soon as it becomes aware of it. Swim Wales shall
then conduct the dispute resolution process in accordance with its
Disciplinary Code and shall make all reasonable endeavours to commence and
conclude the proceedings within the above period of three months
vii) The Club’s
and Swim Wales’ Disciplinary Codes shall include the policies and the
procedures which shall be followed in the case of any disciplinary action
and how the process and any appeal shall be conducted. The Disciplinary Code
shall also include provisions relating to the procedures and policies which
shall relate to the resolution of any dispute involving a Club Member – and
how any dispute resolution shall be conducted
relevant Disciplinary Code shall be made available to the particular Club
Member at the earliest opportunity.
The particular Club Member shall be treated fairly and shall be given
opportunities to present his or her case and responses – and shall have the
right to be accompanied by a suitable person at any hearing.
Every Club Member has a right of appeal to Swim Wales
against any determination by the Club of any dispute and any decision of the
Club relating to
disciplinary action involving the Club Member. Any
such Appeal shall be conducted in accordance with the Swim Wales Rules.
Management Committee or Swim Wales (as the case may be) shall ensure that
all procedures which shall be followed shall be in accordance with the
relevant Disciplinary Code
The Club’s and Swim Wales’ powers in relation to any disciplinary action
shall be at their discretion and may include a written warning – or
suspension or expulsion as a Club Member
10) Health &
The Club will
i) take all
reasonable steps to ensure compliance with health and safety obligations by
the Club and its members
insurance policy provisions involving the Club
statutory regulations relating to the public display of insurance
directives which Swim Wales may make in relation to its insurance policies
which cover the Club
Child/Vulnerable Adult Protection
The Club shall comply with all Vulnerable Adult/Child Protection legislation
– Y Plant Swim Wales Safeguarding Policy and related Swim Wales Rules which are in force from time to time
The Club shall
ensure that a risk assessment shall be carried out whenever it shall have
any direct responsibility for any child or vulnerable adult. The assessment
shall cover all persons - acting on behalf of or under the control of the
Club - who shall have any responsibility of any kind for - or any access to
any data or financial matters relating to - any child or vulnerable adult.
The risk assessment must consider a person’s well being to undertake any
role and qualifications where appropriate. Anyone within these criteria must
have a Disclosure and Barring Service check undertaken which shall be
renewed every three years
12) Execution of
Any document deed or contract entered into by the Club after prior approval
of the Management Committee shall be signed by at least two Officers of the
Every Officer of
the Club shall be indemnified out of the assets of the Club against any
losses or liability of any kind which he or she may sustain or incur in or
about the proper and lawful execution or discharge of his her duties as
Officer of the Club.
shall apply in the same way to any Club Member who may incur any such losses
or liabilities in connection with any claim or demand against that Member
for any action or omissions of the Club
No Officer nor
any Club Member shall be liable for any loss, damage or mis‑fortune which
may happen to or be incurred by the Club in the proper execution or
discharge of his or her office or duties or in relation to such office or
duties or as Club Member
The Management Committee may decide to purchase and maintain insurance at
the expense of the Club for the benefit of any relevant Officer or any Club
Member in respect of any such loss or liability as above.
of the Constitution
This constitution may be altered only with the prior approval of Swim
Wales. The Club may recommend alterations from time to time by resolution
(by a simple majority) of its Members.
It is in the
best interests of Swimming in Wales and its proper governance that every
affiliated Club shall adopt this constitution as varied or replaced from
time to time
By-Laws / Swim Wales Approvals
prior written approval of Swim Wales the Management Committee may make -
repeal – or amend any by-laws which the Club may from time to time consider
necessary for the well being of the Club
approved By-laws shall have effect until set aside by the Management
Committee or at a general meeting
shall be a conflict between any by-law and the Club’s constitution the
provisions of the constitution shall apply and prevail.
References in this constitution to approvals by Swim Wales mean the
approvals of the Directors of Swim Wales on its behalf - exercising their
delegated powers in accordance with the Articles of Association of Swim
of Club Activities – Club Closure
The conduct of any cessation and closure of the Club shall be the sole
responsibility of the Management Committee
Before any such cessation and closure of the Club:
Management Committee and Swim Wales shall engage in consultations and
discussions at the earliest opportunity to consider the future of the Club –
when up to date Club accounts shall be made available;
ii) If it
shall then be proposed that cessation and closure of the Club should proceed
- a Special General Meeting (SGM) of the Club shall be convened as soon as
shall be practical to consider and decide on any proposed cessation and
closure. The Management Committee shall convene or Swim Wales may
requisition the Special General Meeting.
In the case of any closure of the Club
- any assets which there may be after
settlement of the Club’s financial commitments shall be applied towards the
furtherance of the Club’s objectives and/or swimming in Wales. Management of
any assets of the Club by Swim Wales will be provided in the event of a
Management Committee not being in place.
in Wales - Organisation/Re-Organisation -
Swim Wales has the absolute discretion - with prior consultation with all
interested parties - to organise and re-organise the structure and conduct
of Swimming in Wales.
This may include the amalgamation or other re-organisation or unification of
Member Clubs. This may result in the reduction of the number of Member Clubs
in Wales – periods of temporary membership of Member Clubs and the
termination of the membership of some Member Clubs.
The Club – with
the prior written approval of Swim Wales - may - by resolution of its
Members – approve the continuity and conduct of the Club’s swimming club and
related activities as an incorporated body on terms which shall be approved
by Swim Wales