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as at 1 January 2004
1 Name
1.1 The name of the Club shall be Aberystwyth and District Amateur
Swimming Club.
1.2 The Club shall be known as A.D.A.S.C.
1.3 The Club colours shall be Royal Blue and White.
1.4 The headquarters shall be Plascrug Leisure Centre. 2 Objects
2.1
The objects of the Club shall be the objects of the Welsh Amateur Swimming Association (WASA), and to actively promote swimming.
In furtherance of these objects:
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 protected from harm.
2.2 The Club shall be affiliated to the Welsh Amateur Swimming
Association (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 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 West Wales ASA
2.4.2 FINA the world governing body for the sport of swimming in
all its disciplines (together “the Governing Body Rules”).
2.4.3 The committee shall have authority to make regulations within
the framework of the constitution of the Welsh Amateur Swimming Association or FINA rules and to deal with any matter not
provided for in such constitution and 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 Rule shall prevail. 3 Membership
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 the
WASA.
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 be 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 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.
3.8 All members shall be bound by the rules and constitution of
WASA and of the Club, which are in force at the appropriate time.
3.9 Members entitled to vote at the AGM or SGM meetings of the
Club must have reached 16 years of age. 4 Resignation
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 the (Rule 4.1) has been complied with.
4.2 Notwithstanding the provisions of Rule 4.1 above a member whose
subscription is more than 3 months in arrears shall be deemed to have resigned. Where the membership of a member can be terminated
in this way he shall be informed in writing that he is no longer a member by notice handed to him/her or sent by post to his
last known address. 5 Expulsion and other disciplinary action
5.1 Procedures
On receipt of the dispute every effort should be made to resolve
the matter by informal discussion. In difficult cases the Chairperson of the relevant DJT is empowered to appoint an independent
arbitrator to assist in achieving a settlement. If this fails or it is clearly necessary to discipline a member, the Club
should set up a Panel to deal with the matter.
The Panel should consist of 3 persons, one to act as Chairperson.
The Panel will consist of people not involved in the dispute and the Club may want to ask individuals form 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 will 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 16 years of age they will be advised of
their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them
present their case.
Both parties will be allowed to bring witnesses.
The hearing should be as informal as possible but needs to be controlled.
Points to note:
a. The Complainant will present evidence first and the accused
will have the right to reply.
b. Both parties to the dispute can call witnesses, the Complainant
going first and each party will be allowed to question the other party’s witnesses.
c. Witnesses will wait outside the hearing room until they are
called. After questioning they will wait in the hearing room, taking no further part in the proceedings.
d. The Chairperson or Secretary will make notes of the hearing
and the panel will make every effort to announce their decision verbally to all parties without delay followed by written
confirmation to reach all parties within seven days.
The Committee shall have the power to:
1 Give written warning;
2 Suspend;
3 Expel. 6 Appeals as a result of Disciplinary Action
6.1 Any member found guilty by the Disciplinary Committee shall
have the right to appeal to the Management Committee of the Club with in 21 days of receiving notice of the decision of the
Disciplinary Committee. 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 will be independent of the Disciplinary Committee and will be chaired by
a representative of the area applicable to the Club. Any member whose appeal is not upheld will have a final right of appeal
to the Welsh Amateur Swimming Association 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 Committee shall be suspended. 7 Committee
7.1 The Committee shall consist of the Chairperson, Vice Chairperson,
Secretary, Treasurer, Child Protection Officer, Membership secretary (the “Officers” of the Club) [together with
such additional secretaries, (e.g. Fixtures Secretary, Press Officer) as required to manage specific activities of the Club].
(Together “the Officers of the Club”) and a minimum of six 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 the power to vote.
7.2 The Officers of the Club shall be ex-officio members of any
sub-committee.
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 once a month
(save where the Committee itself shall by a simple majority resolve not to meet). The quorum of that meeting shall be one
third (to include not less than one Officer)]. The Chairman and 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 7 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 Chair of that meeting) shall have a casting 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 30 minutes
of the published start time, a meeting shall stand adjourned to the time and date falling 7 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.
7.6 In addition to the members so elected the Committee may co-opt
up to 6 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 and shall be counted in establishing whether a quorum is present.
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 3 consecutive meetings without reasonable
cause shall be removed from that position immediately, until the next AGM.
8 Officers
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:
a. Approval of the minutes of the last AGM;
b. Adoption of the Annual Reports of Officers of the Club, the
Chairman and Sub-Committees;
c. Election of the President of the Club;
d. Election of the Officers of the Club;
e. Election of the Management Committee;
f. Election of Honorary Auditor, Legal Advisor and Medical Advisor;
g. 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 2 months before the date of the AGM.
9.3 Motions for inclusion on the Agenda must be received by the
Secretary not less than 28 days before the date of the AGM.
9.4 Notice convening the meeting shall, together with copies of
the annual reports, be published to all officers and members at least 7 days before the AGM.
9.5 Any amendment to motions shall be sent to the Secretary at
least 7 days before the AGM.
9.6 Voting at meetings shall normally be by a show of hands. The
person presiding shall have the discretion to call a ballot if appropriate.
9.10 A quorum for the AGM shall be one third of Club members eligible
to vote at the date of the AGM. 10 Special General Meeting (SGM)
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 one third of 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 SGM shall be one third of Club members eligible
to vote at the date of the meeting but must consist of a minimum of the all 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 if appropriate.
10.6 If the Management Committee shall not proceed to convene a
Special General Meeting within 5 weeks of the requisition by the one third 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 By-laws
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 Finance
13.1
a. The financial year shall end on 31/12 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.
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 any one of three designated Members
13.3 In the event of the Club ceasing to exist, any assets at the
time of dissolution shall be managed by the WASA 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 and 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 £100 in value shall be required by one 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 and safety
15.1 The Club recognises that the health and safety of all members
must be a primary Club objective and will take all reasonable steps to ensure their well-being as far as is possible.
15.2 The Club shall comply with such health and safety legislation
and WASA Rules as is applicable and in force from time to time. 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 time. | 
