PLYMOUTH ROYAL NAVY/ROYAL MARINES SWIMMING CLUB
RULES AND CONSTITUTION AS AT 5th NOVEMBER 2016
1.1 The name of the Club shall be Plymouth Royal Navy/Royal Marines Swimming Club, with Raleigh section being called Plymouth RN/RM Swimming Club (Raleigh).
2.1 The objects of the Club shall be the teaching, coaching, development and practice of swimming, open water and water polo for its members and shall, where appropriate, be to compete. In the furtherance of these objects:
2.1.1 To organise the RMB Stonehouse Swimming Championships.
2.1.2 To ensure an Open Meet annually.
2.1.3 To ensure the proper conduct of competitive swimming and waterpolo.
2.1.4 To arrange for one member to be on the working committee of the RNASA.
2.1.5 To encourage members to qualify and practice as officials in all disciplines of the sport.
- To encourage members to qualify and practice as teachers/ coaches in all disciplines of the sport.
- The Club shall implement the ASA Equal Opportunities policy.
2.1.8 The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.
2.2 The Club shall be affiliated to the Amateur Swimming Association South West Region (and shall adopt and conform to the rules of such association) and such other bodies, which include the Royal Navy Amateur Swimming Association, Royal Marines Swimming Association, Devon County Amateur Swimming Association, City of Plymouth Amateur Swimming Association and the Royal Life Saving Society.
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 competitive 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 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 ASA Laws, comply with the ASA Child Protection Procedures.
2.4 By virtue of the affiliation of the Club to the ASA South West Region, the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1 The Amateur Swimming Association South West Region;
2.4.2 The Amateur Swimming Association; (to include the ASA/ IOS code of Ethics) and,
2.4.3 British Swimming (in particular its Doping Control Rules and Protocols and Disciplinary Code); and,
2.4.4 FINA, the world governing body for the sport of swimming and 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 Rules shall prevail.
3.1 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 the Committee shall put forward appropriate proposals for consideration at the 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 ASA and the relevant ASA 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 of the ASA’s education 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 ASA’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 engaging in activities under the jurisdiction of the ASA shall be subject to all the constraints and privileges of the Judicial Laws and Rules.
3.2 The following personnel are eligible to be members of the Club:
3.2.1 All ranks and ratings serving in RN/RM establishments and ships in the Plymouth area and
their dependants, if they meet the criteria as laid down by HMS Drake and HMS Raleigh.
3.2.2 Retired service personnel, MOD employees and their dependants.
3.2.3 The Club shall comprise of no less than 51% Service personnel at any time.
3.3 Persons wishing to become members of the Club must submit a signed application to the Secretary (and in the case of junior swimmers 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 persons authorised by the Committee. The Committee or such authorised persons shall be required to give reasons for refusal of any application for membership. Any person refused membership may seek a review of the decision before a review panel appointed by the Committee comprising of not less than three members (who may or may not be members of the Committee.) The panel shall include one independent member nominated by the ASA South West Region
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.
3.4 A person applying for swimming membership may be put on a waiting list if in the opinion of the chief coach the session for their standard of swimming is full. The waiting list will be run on a first come basis regardless of rank or rate.
4. Subscription and Other Fees
4.1 The annual Amateur Swimming Association (ASA) subscription and session fees (as applicable) shall be determined from time to time by the Committee and the Committee shall in doing make provision for different classes of membership as it or the Annual General Meeting shall determine.
4.2 The annual ASA subscription shall be due on joining the Club and thereafter on the first day of February each year. Session fees shall be due three times per year, nominally in January, April and September. ASA subscription payment will be requested at the same time as the January Session fees payment for ease of administration and timely payment to the ASA.
4.3 Any member whose ASA subscription is unpaid by the date falling 30 days after 1st February will not be insured and as such, unable to swim with the club and may be suspended by the committee from some or all Club activities from a date determined by the Committee.
4.4 The power of the Committee to determine the ASA subscription and session fees from time to time shall include the power to make such increase in the subscription, as shall, where the Club pays the individual ASA Membership Fee to the ASA on behalf of the member, include the power to make such increase in the subscription as shall be consequential upon an increase in individual ASA membership fees. Any increase in subscription and session fees shall be advised to the members in writing with reasons for any increase to be reported to the members at the next Annual General Meeting.
5.1 A member wishing to resign membership of the Club must give the Secretary written notice of their intention to resign. A member’s resignation shall only take effect when this Rule 5.1 has been complied with.
5.2 Notwithstanding the provision 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, they shall be informed in writing that they are no longer a member of the Club by notice handed to them or sent by post to their last known address.
5.3 The A.S.A. Membership Department shall be informed should a member resign when still owing money or goods to the Club.
6. Expulsions and Other Disciplinary Action
6.1 The Committee shall have the power to expel a member when, in its opinion, it would not be in the interests of the Club for them 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 ASA Guidelines for handling internal Club disputes (‘Guidelines’), as the same may be revised from time to time. The Guidelines are set out as an Appendix to the ASA Handbook. A copy of the current Guidelines may be obtained from the ASA 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-third-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 the member from particular training sessions and /or wider Club activities, when in their opinion, such action is in the interest of the Club. Where such action is taken, the complaint will thereafter be dealt with in accordance with the Guidelines.
7.1 The Committee shall consist of the Chairman, Secretary, Treasurer, (The Executive Officers) Vice Chairman, Fund Manager, Swimming Coach, ASA South West Region Reps x 3, RLSS Rep, Devon County Reps x 3, Registration and Welfare Officer, Masters Rep, Swimshop Officer, Publicity Officer, Officials Secretary, City of Plymouth ASA Reps x 2, Education Secretary, Competition Secretary, RNASA Rep, Register and Awards Rep and Team Managers x 2 (one of each gender). All these posts are to be filled by Club members. All Committee members must be over the age of 18, though the Committee may allow younger members to attend their meeting as observers without powers to vote.
7.2 The Committee shall appoint a member of the Club as Welfare Officer who must not be less than 18 years of age, who should have an appropriate background and who is required to undertake appropriate training in accordance with ASA Child Safeguarding policies. The Welfare Officer will have the right to attend Committee meetings without a power to vote.
7.3 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.
7.4 Committee meetings shall be held not less than quarterly, and the quorum of that meeting shall be such numbers as shall represent not less than a simple majority of the Committee members and to include at least one Executive Officer. The Chairman and Secretary shall have the discretion to call further meetings of the Committee if they consider it to be in the interest of the Club. The Secretary shall give the members not less that seven days notice of a meeting. Decisions of the Committee shall be made by a simple majority vote and in the case of equal vote the Chairman will have the casting vote. The Secretary, or in their absence, a member, will take the minutes.
7.5 In the event of a quorum not being present by the stated meeting time, then that meeting shall be adjourned and a new date set by the Chairman.
7.6 The Committee may from time to time appoint from among their numbers such sub-committees, as they may consider necessary. All sub-committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the direction of the Committee.
7.7 The Committee shall be responsible for the management of the Club and shall have the sole right of appointment and determine the terms and conditions of service of employees of the Club. The Committee shall have the power to enter into contracts for the purpose of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that an independent examiner examines the accounts of the Club for each financial year.
7.8 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.
7.9 The Committee shall maintain an Accident Book in which all accidents to club members at swimming related activities shall be reported. Details of such accidents shall be reported to the ASA Office. The Club shall make an annual return to the ASA in the prescribed form.
8. Officers (and Honorary Members)
8.1 The 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. The Committee may fill any vacancy occurring by resignation or otherwise. Retiring officers shall be eligible for re-election.
8.2 The post of President will be voted in by the Working Committee at the Annual General Meeting. The President need not be a member of the association and on taking up the post shall be an honorary member of the Club and must be included in the Club’s Annual Return of Members to the ASA.
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 October and 30 November. The Committee shall fix the date of the Annual General Meeting.
9.2 The purpose of the Annual General Meeting is to transact the following business:
9.2.1 To receive the Facet reports 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 elect the Executive Officers and other members of the Committee. This will include removal and election of an Independent examiner (who must not be a member of the Committee or a family member of a Committee member) or confirm that he/she will remain in office.
9.2.4 To decide on any resolutions, which may be duly submitted in accordance with Rule 9.2.2.
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 seconded to the Secretary not later than 21 days before the AGM. The nominee shall be required to indicate in writing on the nomination form their willingness to stand for election. Notice of any resolution proposed to be moved at the AGM shall be given to the Secretary not less than 21 days before the AGM.
10. Special General Meeting
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 7 members entitled to attend and vote at a General Meeting, or such numbers as represents one tenth in number stating the purpose 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 out to each member at their 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 nominees for the Committee posts and a copy of the certified accounts. The Secretary may, alternatively, with the agreement of the members concerned distribute these materials by e-mail or a similar form of communication. The notice of meeting shall in addition, wherever possible, be displayed on the Club’s notice board.
11.2 The quorum for the Annual and Special General Meetings shall be 7 members entitled to attend and vote at the meeting, or if greater, one tenth in number of such members.
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 a simple majority shall pass resolutions. For the procedures for submitting resolutions to be considered at the General Meeting, members are referred to Rule 9.3. In the event of a tied vote, the Chairman shall have the casting 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 shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors.
11.4 The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual or 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. Alterations to 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 shall have been submitted to and validated by Devon County ASA.
12.2 Any members shall be entitled to put forward proposal for consideration at any General Meeting, provided the proposal in writing shall be handed or posted to the Secretary of the Club by the 10th September in the case of an 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.
12.3 The Committee shall have the 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-law repeals and amendments shall have effect until set aside by the Committee or at a General Meeting.
13.1 All monies payable to the Club shall be received by the Treasurer and deposit in the Club’s bank account. No sum above £500.00 shall be drawn from this account until authorisation from the Committee.
13.2 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 member of the Club.
13.3 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.
13.4 The financial transactions of the Club shall be recorded by the Treasurer, in accordance with recognised accounting practices.
13.5 The financial year of the Club shall be the period commencing on 1st September and ending on 31st August.
13.6 The Club accounts are reconciled with the bank account at the end of every month, by the Fund Manager and the Treasurer. The monthly balance sheet is approved by the Committee and signed by the Chairman.
13.7 The Club accounts are audited once a year by an Independent Auditor.
13.8 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.
14.1 The property of the Club will be held on Royal Navy record and mustered annually in accordance with current policy.
14.2 All properties of the Club will be under the direct control of the Club Secretary.
15.1 The ASA Insurance documents are held by the Club Secretary. A copy is also displayed on HMS Drake and HMS Raleigh notice boards.
15.2 The RLSS Insurance documents are held by the Club Secretary. A copy is also displayed on the HMS Drake and HMS Raleigh notice boards.
16.1 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.
16.2 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.
16.3 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 organisations having objects similar to those of the Club for the furtherance of such objects) nominated by the last Committee.
17.1 The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.