Club constitution




  1. Name:

    The name of the Club shall be Isle of Wight Marlins Swim Club.

  2. Objects

2.1       The objects of the Club shall be the development and practice of swimming for its members and shall, where appropriate, be to compete. In the furtherance of these objects:

2.1.1    The Club is committed to treating everyone equally within the context of its activity and with due respect to the differences of individuals. It shall not apply nor endorse unlawful or unjustified discrimination, and shall act in compliance with the protections afforded by the Equality Act 2010.

2.1.2    The Club shall implement the Swim England Equality Policy (as may be amended from time to time).

2.2       The Club shall be affiliated to the South East Region, and shall adopt and conform to the rules of South East Region, and to 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 Articles, Regulations and Technical Rules of Swim England (“Swim England Regulations”) and in particular:

2.3.1    all competing members shall be eligible competitors as defined in Swim England Regulations;

2.3.2    the Club shall in accordance with Swim England Regulations adopt Swim England’s Child Safeguarding Policy and Procedures (“Wavepower”); 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; and

2.3.3    that members of the Club shall in accordance with Swim England Regulations comply with Wavepower.

2.4       By virtue of the affiliation of the Club to the South East Region, the Club and all members of the Club acknowledge that they are subject to the regulations, rules and constitutions of:

2.4.1    South East Region;

2.4.2    Swim England (to include the Code of Ethics);

2.4.3    British Swimming (in particular its Anti-Doping Rules and Judicial Code); and

2.4.4    FINA, the world governing body for the sport of swimming in 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 Rule shall prevail.

3.         Membership

3.1       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.

3.2       All persons who assist in any way with the Club’s activities shall become members of the Club and hence of Swim England and the relevant Swim England 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 or tutors of Swim England’s educational certificates.

3.3       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 Swim England’s Code of Ethics, Swim England Regulations relating to Wavepower those parts of the Judicial Regulations and procedures necessary for their implementation and whilst engaged in activities under the jurisdiction of Swim England shall be subject to all the constraints and privileges of the Judicial Regulations.

3.4       Any person who wishes to become a member of the Club must submit a signed application to the Secretary. Election to membership shall be determined by the Membership Officer, but other person(s) authorised by the Committee may make recommendation as to the applicant’s acceptability.

The Membership Officer shall be required to give reasons for the refusal of any application for membership.  Any person refused membership may seek a review of this decision before a Review Panel appointed by the Committee (“Review Panel”) comprised of not less than three members (who may or may not be members of the Committee).  The Review Panel shall wherever practicable include one independent member nominated by the South East Region.    The person refused membership shall be entitled to make representations to the Review Panel.  The procedures for review shall be at the discretion of the Review Panel whose decision shall be final and binding.

3.5       In its consideration of applications for membership, the Club shall not act in a discriminatory manner and in particular, shall adhere to the Equality Act 2010 (as may be amended). Accordingly, (unless the Club chooses to restrict its membership to only people who share the same Protected Characteristic) the Club shall not refuse membership on the basis of a Protected Characteristic within the Equality Act 2010, such as disability; gender or gender identity; pregnancy; race; religion or belief; or sexual orientation. Neither may refusal be made on the grounds of political persuasion.

3.6       The Club may refuse membership only for good and sufficient cause, such as conduct or character likely to bring the Club or the sport into disrepute, or, in the case of a swimmer, being unable to achieve the entry standards as laid down and provided by the Club to the applicant for membership.

4.         Subscription and Other Fees

4.1       The annual members’ subscription 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.

4.2       The annual subscription or entrance fee shall be due on joining the Club and thereafter on the 1st day of January each year.

4.3       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 all Club activities from a date to be determined by the Committee or until such payment is made.

4.4       The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees. This shall include the power to make such increase in the subscription as shall, where the Club pays the individual Swim England membership fees to Swim England on behalf of members, be consequential upon an increase in individual Swim England membership 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.

4.5       The Executive Officers (or the Committee) shall have the power in special circumstances to remit the whole or part of the fees, including the Swim England membership fees, to address issues of social inclusion.

5.         Resignation

5.1       A member wishing to resign membership of the Club must give to the Secretary written notice of   his/her resignation.  A member’s resignation shall only take effect when this (Rule 5.1) has been           complied with.

5.2       The member who resigns from the Club in accordance with Rule 5.1 above shall not be entitled to have any part of the annual membership fee or any other fees returned.

5.3       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 he/she shall be informed in writing that he/she is no longer a member by notice handed to him/her or sent by post to his/her last known address.

5.4       The Swim England Membership Department shall be informed should a member resign when still owing money or goods to the Club.

6.         Expulsion and Other Disciplinary Action

6.1       The Committee shall have power to expel a member when, in its opinion, it would not be in the interest of the Club  for the individual to remain a member.

6.2       The Club shall adopt and comply with the relevant Judicial Regulations for handling Internal Club Disputes Procedures (“the Procedures”) as the same may be revised from time to time.  (A copy of the Procedures may be obtained from the Swim England website, Swim England Handbook or from the Office of Judicial Administration).

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 unanimously 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 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 incident or matter will thereafter be dealt with in accordance with the appropriate Judicial Regulations.

7.        Committee

7.1       The Committee shall consist of the Chairman, Secretary, Treasurer (together “the Executive Officers of the Club”) and the Membership Secretary, the Designated Welfare Officer (Safeguarding) and elected members all of whom must be members of the Club.

7.2       The Committee shall appoint a member of the Club as Welfare Officer who must be not less than 18 years of age, who should have an appropriate background and who is required to undertake appropriate training in accordance with Wavepower.

7.3       The Executive Officers and Committee members shall be proposed seconded and elected at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting and will take office when the Chairman has closed the meeting.  Any vacancy occurring by resignation or otherwise may be filled by the Committee.  Retiring Executive Officers and members of the Committee shall be eligible for re-election.

7.4       Committee meetings shall be held at times as it considers necessary. The Secretary shall give all members not less then five days oral, electronic or written notice of a meeting. The Secretary, or in his/her absence a member of the Committee, shall take minutes.

7.5       The quorum for the committee shall be 4 members. In the event that a quorum is not present within 30 minutes of the published start time, a meeting shall stand adjourned to a time and date as may be determined by the Chairman.

7.6       In addition to the members so elected the Committee may co-opt further members of the Club to serve on a sub-committee to deal with special matters which shall be reported at the next meeting of the committee. The committee shall have the power to dismiss any sub-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 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.

7.10     The Committee shall maintain an Accident Book in which all accidents to Club members at swimming related activities shall be recorded. Details of such accidents shall be reported to the insurers in accordance with the Accident/Incident Notification guidelines. The Club shall make an annual return to the Swim England Membership Department indicating whether or not an entry has been made in the prescribed online form.

7.11     The Committee shall have power to make regulations, create by-laws (see Rule 13.1) and to settle disputed points not otherwise provided for in this Constitution.

8.         Ceremonial Positions and Honorary Members/Life Members

8.1       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 Club on election but shall, ex officio, be an honorary member of the Club and must be included in the Club’s Annual Return of Members to Swim England.

8.2       The Committee may elect any person as an honorary member of the Club for such period as it thinks fit, or as a Life Member, 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 their ordinary membership of the Club. Such honorary members and Life Members must be included in the Club’s annual return as to membership.

9.         Annual General Meeting

9.1       The Annual General Meeting of the Club shall be held each year on a date in November. The date, time and venue for the Annual General Meeting shall be fixed by the Committee.

9.2       The purpose of the Annual General Meeting is to transact the following business:

9.2.1    to receive the Chairman’s report 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;

  • 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/she remain in office;
  • to elect the Executive Officers and other members of the Committee; and

9.2.4    to decide on any resolution which may be duly submitted in accordance with Rule 9.3.

9.3       Nominations for election and of any resolution proposed to be moved at the AGM shall be given in writing (includes electronic) to the Secretary no later than 5 days before the date set for the AGM or special Meeting.

9.4       The Secretary shall be responsible for handing out or sending to each member at their last known address a written agenda giving notice of the time, place and date of the meeting at least 14 days before the meeting and in the case of the Annual General Meeting, a copy of the examined accounts and a list of nominees for the committee posts and in the case of a Special meeting the resolution to be discussed.

9.5       The quorum at the AGM shall be 10 members.

10.       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 Club within 28 days of receipt by the Secretary of a requisition in        writing signed by not less than seven members entitled to attend and vote at a General Meeting or, if greater, such number as represents one-tenth in number of such members, stating the purposes 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 to each member at   his/her last known address a written agenda giving notice of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least fourteen 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 Secretary may, alternatively, with           the agreement of member(s) concerned distribute these materials by e-mail or similar form of communication.  The Notice of Meeting shall in addition wherever possible be displayed on the    Club Notice Board where one exists.

11.2     The quorum for the Annual and Special General Meetings shall be ten members entitled to attend and vote at the Meeting or, if greater, such number as represents one-tenth in number of such members.

11.3     The Chairman, or in the Chairman’s absence a member appointed 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.

11.4     The Secretary, or in his/her absence a member of the Committee, shall take minutes at the Annual and 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.

  1. Alteration of the Rules and Other Resolutions

Alterations to this constitution may only be made at an AGM and any proposals for alterations, duly proposed and seconded by members shall be in the Secretary’s hand not later then 21 days before the date of the AGM. They must be clearly set out on the agenda for that meeting.

13.       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.

14.       Finance

14.1     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 shall be drawn from that account except by cheque signed by two of the three signatories or by Bank Transfer who shall be the Chairman, Secretary and Treasurer or by or by Bank Transfer.  Any monies not required for immediate use may be invested as the Committee in its discretion think fit.

14.2     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 members of the Club, (save as set out in Rule 17.3.).

14.3     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.

14.4     The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.

14.5     The financial year of the Club shall be the period commencing on 1st of  November and ending on 31st October. Any change to the financial year shall require the approval of the members in a General Meeting.

14.6     The Committee shall retain all financial records relating to the club and copies of Minutes of all meetings for a minimum period of six years.

14.7     Funds and property of the Club shall not be distributed among members, save as legitimate out of pocket expenses incurred in the running of the Club, but shall be applied to the furtherance of the objects of the Club  or for charitable purposes.

15.       Property

15.1     The property of the Club, other than cash at the bank, shall be vested in the committee. The trophies presented to competitors in the Club’s Open Swim Meet and the Pier 2 Pier event shall be sub vested in the organisers of those events.

15.2     Funds and property of the Club shall not be distributed among members, save as legitimate out of pocket expenses incurred in the running of the Club, but shall be applied to the furtherance of the objects of the Club or for charitable purposes.

16.     Dissolution

16.1     In the event of the Club being dissolved or ceasing to exist, the funds shall be devoted to objects similar to those of the club or to charity

16.2     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. A specific date for the dissolution shall be included in the resolution.

16.2     The dissolution shall take effect from the date specified in the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.

17.       Acknowledgement

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.

17.2     The following statement must appear on Club membership forms and is to be signed by the member:

“I acknowledge receipt of the rules of Isle of Wight Marlins Swim Club and confirm my        understanding and acceptance that such rules (as amended from time to time) shall govern my membership of the Club. I further acknowledge and accept the responsibilities of membership upon members as set out in these rules.”