Constitution of TENBY & DISTRICT SWIMMING CLUB Swimming
as of 1st September 2009
1.1 The name of the Club shall be TENBY DOLPHINS
2.1 The objects of the Club shall be the objects of the Swim
Wales / Nofio Cymru Ltd. (WASA). In the furtherance of these
2.1.1 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 Swim Wales / Nofio
Cymru (WASA) (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 WASA (“ Laws”) and in particular:
2.3.1 all competing members shall be eligible competitors
as defined in the Laws; and
2.3.2 the Club shall in accordance with the Laws adopt the
Child Protection Procedures; and
2.3.3 members of the Club shall in accordance with the Laws
comply with the Child Protection Procedures.
2.4 By virtue of the affiliation of the Club to the WASA the
Club and all members of the Club acknowledge that they are
subject to the laws and rules of:
2.4.1 Swim Wales South West Region.
2.4.2 FINA, the world governing body for the sport of swimming
in all its disciplines (together with “the Governing
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.
2.6 This constitution is subject to the law of England and
3.1 Membership of the club shall be open to all persons subject
to the approval of the club Management Committee.
3.2 The club shall be required to affiliate all members to
3.3 The annual membership club joining and session fees shall
be reviewed annually by the Management Committee and shall
be confirmed at the AGM or SGM.
3.4 General club membership fees as decided by the Management
Committee and the WASA membership fee shall be due on the
first day of January in each year and shall be paid before
the 31st January in each year. Non payment by any member of
the WASA membership fee due by the 31st January shall cause
their membership to lapse and such a member shall not be permitted
to take part in any club activity whether competitive or not.
3.5 Any person applying for membership of the club shall submit
their application on an official form issued by the Secretary
or Membership Secretary of the club.
3.6 Any person applying for membership on or after the first
day of February shall be required to pay the appropriate membership
fee within one month of acceptance of their membership and
such part of the club membership fee as shall be decided by
the Management Committee.
3.7 Any person applying for membership on or after the first
day of October shall be liable to pay one half of the annual
subscription fee and appropriate annual subscription for the
WASA within one month of acceptance.
3.8 Any person applying for membership who is already a member
of another club shall be admitted at the discretion of the
Management Committee but in accordance with Rules of the Constitution
as far as it is applicable.
3.9 All members shall be bound by the rules and constitution
of the WASA and of the club which are in force at the appropriate
3.10 Members entitled to vote at general meetings of the club
must have reached 16 years of age. A parent or guardian may
represent and vote on behalf of a member under the age of
4.1 A member wishing to resign membership of the Club must
give written notice to the Secretary of his/her resignation
and must discharge all liabilities to the club. A member’s
resignation shall only take effect when this (Rule 4.1) has
been complied with.
4.2 Notwithstanding the provisions of Rule 4.1 above a member
whose subscription is more than 1 month 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.
5 Expulsion and Other Disciplinary Action
The purpose of these notes is to give clubs guidance in handling
internal club disputes. With the introduction of the Code
of Ethics and the increased risk of litigation it is important
that internal disputes are handled correctly from the outset.
Whilst most clubs do, from time to time, have disputes between
Committee members, parents and swimmers these can usually
be resolved amicably between the individuals concerned. Occasionally
it is also necessary to discipline swimmers for minor incidents
of misbehaviour and this can also be done by the Coach/Team
Sometimes a more serious dispute arises in a Club and because
such a situation does not occur frequently Clubs are unsure
how to handle the matter. This can lead to the dispute becoming
more serious with recourse to the judicial procedures necessary.
The key message when dealing with disputes is to ensure:
a. All parties are treated fairly
b. The complainant has the opportunity to present the case
c. The accused has the opportunity to respond
These Guidelines do not apply to paid employees of a Club.
If a Club is in dispute with a paid employee then the employment
contract and employment law needs to be considered. Specialist
legal advice may have to be sought.
On receipt of the dispute every effort shall be made to resolve
the matter by informal discussion. If this fails or it is
clearly necessary to discipline a member, the Club should
set up a Disciplinary Panel to deal with the matter.
The Panel shall consist of three persons, one to act as Chairperson.
A Minute Secretary shall be appointed. The Panel will need
to consist of people who are impartial and not involved in
the dispute or who have direct knowledge of the dispute and
the Club may want to ask individuals from outside the Club
to sit on the Panel.
The Chairperson should notify both parties of the date, time
and place of the hearing and the names of the Panel members.
Both parties should be given copies of all the papers and
every effort should be made to hold the hearing within 14
days of the receipt of the dispute.
If either party is under 18 years of age they must be advised
of their right to be accompanied by a parent (or other person
with a parental responsibility for them or other family member)
or coach to help them present their case.
Both parties should be allowed to bring witnesses.
The hearing should be as informal as possible but needs to
be controlled. Points to note:
A The Complainant should present evidence first and the accused
should have the right of reply.
B Both parties to the dispute should be able to call witnesses,
the Complainant going first and each part should be allowed
to question the other party's witnesses.
C Witnesses should wait outside the hearing room until they
are called. After questioning they should wait in the hearing
room, taking no further part in the proceedings.
D The Panel shall consider all the evidence and reach their
decision on the balance of probabilities
E The Secretary shall make notes of the hearing and the Panel
shall make every effort to announce their decision verbally
to all parties without delay followed by written decision
and reasons, to reach all parties within seven days.
F If the complaint is found to be unjustified then no action
will be taken and all parties will be notified immediately.
The Panel, if its decision is that a disciplinary offence
has been committed and/or the complaint is upheld, shall have
the power to:
2 Give written warning
6 Appeals as a result of Disciplinary Action
6.1 Any member found guilty by the Disciplinary Panel shall
have the right to appeal to the Management Committee of the
club within 21 days of receiving notice of the decision of
the Disciplinary Panel. The Management committee shall, within
7 days of receiving such notice, set up an Appeals Committee
which shall consist of 3 members of the club who shall be
independent of the Disciplinary Panel and shall be chaired
by a representative of the region applicable to the club.
Any member whose appeal is not upheld should have a final
right of appeal to the Swim Wales / Nofio Cymru in accordance
with the Association’s appeals procedure by giving notice
to the WASA within 14 days of receiving in writing the decision
of the Appeals Committee. The club secretary will be required
to supply, within 14 days of being notified, all relevant
papers and evidence.
6.2 Pending the hearing of an appeal the sentence imposed
by the Disciplinary Panel shall be suspended.
7.1 The Committee shall consist of the Chairman, Secretary,
Treasurer, Child Welfare Officer (the “Officers”
of the club) together with the Head Coach, Team Manager, Press
Officer, and seven elected members, all of whom must be members
of the Club. All Committee members must be at least 18 years
of age, though the Committee may allow younger member(s) to
attend their meetings as athlete representatives without power
7.2 The Officers of the club shall be ex-officio members of
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. Any vacancy occurring
by resignation or otherwise may be filled by the Committee.
Retiring members of the Committee shall be eligible for re-election.
7.4 Committee meetings shall be held not less than 10 times
per annum at monthly intervals (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 seven of the Committee
members and will include not less than one Officer. 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 or written notice of
a meeting. A simple majority shall make decisions of the Committee
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/her absence a member of the
Committee, shall take minutes.
7.5 In the event that a quorum is not present within thirty
minutes of the published 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 10.2 shall not apply.
7.6 In addition to the members so elected the Committee may
co-opt up to three (3) further members of the Club who shall
serve until the next Annual General Meeting. Co-opted members
shall be entitled to vote at the meetings of the Committee,
but shall not be counted in establishing whether a quorum
7.7 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). They may delegate 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.
7.8 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.
7.9 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.
7.10 Any Committee Member absent from three (3) consecutive
meetings without a reasonable cause shall be removed from
that position immediately.
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. Any vacancy occurring by resignation
or otherwise may be filled by the Committee. 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 shall be registered as a member of the WASA
by the club.
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 (AGM)
9.1 The Annual General Meeting of the Club shall be held within
2 months of the end of the club’s financial year and
shall transact the following business:-
• Approval of the minutes of the last AGM
• Adoption of Annual Reports of Officers of the club,
the Chairman and Sub-Committees
• Adoption of Annual Accounts as per Clause 13.1
• Election of the President of the club
• Election of the Officers of the club
• Election of the Management Committee
• Election of Honorary Auditor, legal Advisor and Medical
• Consideration of any other motion, due notice of which
having been given
9.2 Preliminary notice of the AGM, listing Officers for whom
nominations are required will be given two (2) months before
the date of the AGM.
9.3 Nominations for office and motions for inclusion on the
Agenda must be received by the Secretary not less that 28
days before the date of the AGM
9.4 All nominations shall be proposed and seconded by voting
members of the club and shall be signed by the person nominated.
9.5 Notice convening the meeting shall, together with copies
of the annual reports, be published to all officers and members
at least 21 days before the AGM
9.6 Any amendment to motions shall be sent to the Secretary
at least 7 days before the AGM
9.7 Voting at meetings shall normally be by a show of hands.
The person presiding shall have the discretion to call a ballot
9.8 A quorum for the AGM shall be the lesser of (10%) or twelve
(12) club members eligible to vote at the date of the AGM
10 Special General Meeting
10.1 A Special General Meeting may be called at any time by
the Management Committee or by a request in writing of not
less than ten (10) voting members of the club.
10.2 At least 14 days notice of such a meeting shall be given
to the Officers and members entitled to attend. Notice of
such meetings and agenda shall be fixed to the club’s
notice board at least 14 days prior to the meeting.
10.3 No other business shall be transacted at such a meeting.
10.4 A quorum for a Special General meeting shall be the lesser
of (10%) or twelve (12) club members eligible to vote at the
date of the meeting but must consist of a minimum of the ten
(10) signatories of those requesting the meeting as in 10.1
10.5 Voting at meetings shall normally be by a show of hands.
The person presiding shall have the discretion to call a ballot
10.6 If the management Committee shall not proceed to convene
a Special General Meeting within 4 weeks of the requisition
by the ten (10) or more voting members then the said members
might themselves convene the meeting, but any meeting convened
must be held within 3 months of the date of the written request.
11 Alteration of the Constitution and other Resolutions
11.1 The constitution may be altered by resolution at an Annual
or Special General Meeting provided that the resolution is
carried by a simple majority of members present and entitled
to vote at the General Meeting. No amendment to the constitution
shall become effective until such amendment shall have been
submitted to and validated by the WASA Standing Orders Committee.
12.1 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.
13.1 a) The financial year shall end on 31st March and an
audited statement of account up to and including this date
shall be presented at the AGM of the club.
b) The club accounts shall be forwarded to the WASA in accordance
with WASA Rule 9.3.1 (Each Affiliated Club shall forward to
the WASA Office its accounts for the preceding year. These
accounts shall comprise a detailed income and expenditure
account (which shall show the number of members and the fees
actually paid) together with a balance sheet.
13.2 The funds of the club shall be lodged at a bank or building
society or any other method of investment approved by the
Management Committee in the name of the club. All cheques,
drafts etc drawn on these accounts shall be signed by the
Treasurer and either the Chairperson or Secretary.
13.3 In the event of the club ceasing to exist, any assets
at the time of dissolution shall be managed by the Swim Wales
/ Nofio Cymru and shall be applied toward the furtherance
of the club objectives or devoted to objects similar to those
of the club. The assets shall be applied by the Association
towards the objectives of the Association or for other such
purposes approved by the commissioners of Customs & Excise.
14 Execution of Documents
14.1 Any document, deed or contract entered into by the club
after prior approval of the Management Committee shall be
signed by 2 of the Officers of the club save that financial
contracts not exceeding £50 in value shall be required
by one (1) Officer of the club only.
14.2 The club shall indemnify the Officers and Committee of
the club against any claim made against them on behalf of
the club unless the person/individual shall be guilty of fraud,
gross negligence or gross misconduct.
15 Health & Safety
15.1 The club recognises that the health & safety of all
members must be a primary club objective and will take all
reasonable steps to ensure their wellbeing as far as is possible.
15.2 The club shall comply with such Health & Safety legislation
and WASA Rules as is applicable and in force from time to
16 Child Protection
16.1 The club shall comply with such Child Protection legislation
and WASA Rules as is applicable and in force from time to