The Club constitution sets out the operation, running and governance of the Club and the authority and accountability of the committee. You can view the document below:
RULES of Windsor and Maidenhead StarFish Swimming Club
(“the Club”) as at 30st Nov. 2023.
1. Name
1.1 The name of the Club shall be Windsor and Maidenhead StarFish Swimming Club.
2. Objects
2.1 The objects of the Club shall be to advance the physical education of people with
Learning Disabilities and Learning Difficulties, in particular by the teaching, learning,
development and practice of swimming, and shall, where appropriate and if they so
wish, 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 Swim England South East Region and shall adopt and
conform to the rules of Swim England 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; and
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.
2.3.3 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 Swim England 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 Berkshire and South Bucks County Association; and
2.4.2 Swim England South East Region; and
2.4.3 Swim England (to include the Code of Ethics); and
2.4.4 British Swimming (in particular its Anti-Doping Rules and Judicial Code); and
2.4.5 LEN, the European governing body for the aquatic sports; and
2.4.6 FINA, the World governing body for the aquatic sports.
(hereinafter defined as “Rules of a Governing Body”).
2.5 In the event that there shall be any conflict between any rule or by-law of the Club and
the rules of the Governing Body then the relevant Rule of the Governing Body shall
prevail.
3. Membership
3.1 The total membership of the Club will be managed in line with the available resources
to ensure the Club activities can be maintained to the highest quality. Membership will
therefore be restricted on the basis of vacancies available within each of the defined
ability categories consistent with the physical pool space allocated to each of those
categories. Outline definitions of the categories, the numbers in each category and the
total Club membership will be managed by the committee to reflect the changing ability
profile within the Club to ensure total membership is maximised.
3.2 Club membership shall consist of consists of four parts all or some of which may have
annual fees. The four parts with applicable fees to be paid by the due date are Club,
County, Region and Swim England membership.
3.3 All persons who assist in any way with the Club’s activities shall become members of
the Club and hence Swim England and the relevant Swim England membership fee
shall be paid.
3.4 Paid individuals 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.
3.5 Any person who wishes to become a member of the Club must submit an application
by the Club’s stated process to the Club Secretary, via the New Members Secretary
(and in the case of a child under 18 years of age the application must be signed by the
applicant’s parent or guardian). The Club application process should be able to view
either online or via a paper format.
3.6 Admission to membership shall be determined by the Club’s agreed process. 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, Neither may
refusal be made on the grounds of political persuasion.
*As stated in 2.1 Object, the Windsor and Maidenhead StarFish Swim Club restricts
membership of swimmers to those who share the Protected Characteristic of a proven
Learning Difficulty or Learning Disability. Whilst swimmers may at the same time
possess another associated condition such as a physical or sensory disability, the
primary diagnosis must be a learning disability or learning difficulty, a list of which is
provided on the Club’s application form. Membership of swimmers is also restricted
to those aged 5 years and over.
3.7 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. The Club 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.
3.8 Membership is not transferable. This includes the transfer of membership rights from
a child under 18 years of age to a parent or guardian.
3.9 For every family with one or more children under the age of 18 a minimum of one
parent or guardian must be a member of the Club and all relevant fees paid.
4. Membership and Other Fees
4.1 The annual membership fee and all other fees payable to the Club 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 Swim England, Region and County fees (if any) shall be due on joining the
Club and thereafter on the 1st day of June each year.
4.3 The Club shall inform all members of the fees payment structure and whether annual
fees are paid in full or via an appointed scheme. Any member whose fees are unpaid
by the date falling 30 days after the due date for payment may be suspended by the
Committee from some or all Club activities from a date to be determined by the
Committee and until such payment is made.
4.4 The Committee shall, from time to time, have the power to determine the Club annual
membership and other fees. This shall include the power to make such a change in
the fees as shall, where the Club pays the relevant affiliation fees to Swim England on
behalf of members, be consequential upon a change in such 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 Club fees, to address issues of social
inclusion. The club may also make suitable arrangements for the required payment of
Swim England, Regional and County fees (where applicable).
5. Resignation
5.1 A member wishing to resign membership of the Club must give to the Club Secretary
written notice of their resignation via postal or electronic means.
5.2 A member whose fees are more than two months in arrears shall be deemed to have
resigned from the Club and their membership terminated. Where the membership has
been terminated in this way the member shall be informed in writing either via post to
the last known address or by electronic means.
5.3 The member who resigns from the Club or whose membership is terminated shall not
be entitled to have any part of the annual Club, Swim England, Region or County
membership fee refunded and must immediately return any Club or external body’s
property.
5.4 The Swim England Membership Department and the relevant Swim England Region
shall be informed by the Club should a member resign or have their membership
terminated when still owing money or property 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 interests of the Club for the individual to remain a member. The Club in
exercising this power shall comply with the provisions of Rules 6.3 and 6.4 below.
6.2 Upon expulsion the former member shall not be entitled to have any part of the annual
membership fee refunded and must immediately return any Club or external body’s
property held.
6.3 The Club shall comply with the relevant Judicial Regulations (Regulations 150-155 inc)
for handling Internal Club Disputes as the same may be revised from time to time.
6.4 A member may not be expelled or (subject to Rule 6.5 below) be made the subject of
any other penalty unless the panel hearing the complaint shall by a two-thirds majority
vote in favour of the expulsion of (or other penalty imposed upon) the member.
6.5 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 or following, 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.
6.6 Swim England shall have the power to temporarily suspend members or suspend
members for a specified term in accordance with Judicial Regulations and Child
Safeguarding Regulations as the same may be revised from time to time.
7. Committee
7.1 The Committee shall consist of the Chairman, Secretary, Treasurer (together “the
Executive Officers of the Club”) and up to 11 elected members all of whom must be
members of the Club. All Committee members must be not less than 18 years of age
though the Committee may allow younger member(s) to attend their meetings without
power to vote.
7.2 In accordance with Wavepower, 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. The Welfare Officer should not be related to or in a
relationship with any one of the ‘Executive Officers of the Club’ or the Club’s Coaches
or Teachers.
7.2a In accordance with Wavepower, should it not be possible to recruit a truly
independent Welfare Officer, then the Club should appoint a second Welfare Officer. This
means that should a conflict of interest arise, the first Welfare Officer can call upon the
second as and when required to deal with the concern.
7.3 The Welfare Officer will have a right to attend Committee meetings without a power to
vote. Attendance at meetings will be for the purpose of sharing or addressing matters
relating to Welfare.
7.4 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 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.
7.5 Committee meetings shall be held at regular intervals, and the quorum of that meeting
shall be 50% of the number entitled to vote with at least one executive officer present.
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 2 days oral or written notice of a
meeting. Decisions of the Committee shall be made by a simple majority (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 Minutes Secretary, if appointed),
or in their absence a member of the Committee, shall take minutes.
7.6 In the event that a quorum is not present within 30 minutes of the stated start time, a
meeting shall stand adjourned to the time and date falling seven 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 10.4 shall not apply.
7.7 In addition to the members so elected the Committee may co-opt up to 2 further
members of the Club who shall serve until the next Annual General Meeting. Co-opted
members shall not be entitled to vote at the meetings of the Committee and shall not be
counted in establishing whether a quorum is present.
7.8 The Committee may from time to time appoint such sub-committees and roles as they
may consider necessary (and to remove (in whole or in part) or vary the terms of
reference of such sub-committees) and may delegate to them such of the 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.
7.9 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.
7.10 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.
7.11 The Committee shall maintain a log of Accidents/Incidents at Club related activities.
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. A copy of entries should be kept for a period of
six years or in respect of an injury to a child they should be kept for six years after they
attain 18 years of age.
7.12 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.
8. Ceremonial Positions and Honorary 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 nominate any person as an honorary member of the Club for a
specified period of time, 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 also be a fee paying member of the Club
in accordance with Rule 3.
8.3 Such honorary members must be elected at the Annual General Meeting, confirmed
annually and be included in the Club’s annual return as to membership. A Club may
commit to paying all relevant Swim England and Club membership fees on behalf of
the honorary member upon election at the Annual General Meeting.
8.4 Honorary memberships may only be removed at an Annual General Meeting of the
Club, when it shall be properly proposed in accordance with these Rules.
8.5 A minimum of 21 days in advance of the Annual General Meeting, the Committee shall
write to all holders of honorary membership effected by the above proposal drawing
the proposal to their attention and inviting them to attend the Annual General Meeting.
Reasons for the proposal will be circulated with the agenda.
8.6 Where the effected holder or holders of the honorary membership do not attend or are
unable to attend the Annual General Meeting, the Chairman may allow the matter (in
so far as it relates to the absent person(s)) to proceed directly to vote, which shall be
by secret ballot.
8a. Trustees (of the Club as a Charitable Trust)
8a.1 All elected members of the committee are deemed to be Trustees.
8a.2 In addition to this the President (if elected) or an independent person who has
no specific links with the management or running of the club will be nominated as a
trustee. This individual will be nominated by the club officers and agreed by the
committee by simple majority.
8a.3 The club Chairman will assume the role of “Chairman of Trustees.”
8a.4 The club officers and committee members acting as Trustees will remain in office until
such time as they no longer hold a position on the committee.
8a5. The President/Independent Trustee nominated and agreed upon by the
committee will remain in office for a period of 2 years from their appointment. They
may resign at any time during that 2-year period by submitting their resignation in
writing to the Chairman of the Trustees. On completion of their 2-year term they may
be appointed for further terms of office.
8a.6 The roles and responsibilities of the trustees will be specified by The Charity
Commission for England and Wales.
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 / online option for the Annual General Meeting
shall be fixed by the Committee.
9.2 For the purpose of participation in voting at an Annual General Meeting of the Club, all
persons shall have been a member as at the membership deadline day which is the
date of closure of nominations and submission of proposals.
9.3 The purpose of the Annual General Meeting is to transact the following business:
9.3.1 to receive the Chairman’s report of the activities of the Club during the previous
year;
9.3.2 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;
9.3.3 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;
9.3.4 to elect the Executive Officers and other members of the Committee;
9.3.5 to decide on the dissolution of the existing honorary membership category;
9.3.6 to decide on any resolution which may be duly submitted in accordance with Rule
9.6;
9.3.7 to elect or reaffirm Custodians of the Club.
9.4 For the Annual General Meeting the Secretary shall be responsible for sending to
each member at his/her last known postal or electronic address a written agenda
giving notice of the date, time and venue of the General Meeting no later than 28
days prior to the published date. The Notice of Meeting shall in addition wherever
possible be displayed on the Club Notice Board where one exists.
9.5 Nominations for election of members to any office or for membership of the Committee
shall be made in writing by the proposer and seconder to the Secretary not later than
21 days prior to the published date of the meeting. Both proposer and seconder must
be a fully paid member of the Club and Swim England at the time of nomination. The
nominee shall be required to indicate in writing on the nomination form his/her
willingness to stand for election.
9.6 Any member shall be entitled to put any proposal for consideration at an Annual
General Meeting provided the proposal in writing is received by the Secretary not later
than 21 days prior to the published date of the meeting.
9.7 No less than 14 days before the published meeting date, together with the resolutions
to be proposed, a list of nominees for the Committee posts and a copy of the examined
accounts will be circulated to all Club members.
10. Special General Meeting
10.1 A Special General Meeting may be called at any time by the Committee at a
committee meeting.
10.2 A Special General Meeting shall be called by the Committee within 28 days of receipt
by the Secretary of a requisition in writing signed by not less than seven members
entitled to vote at a General Meeting or, if greater, such number as represents onetenth
in number of such members, stating the purposes for which the meeting is
required and the resolutions proposed.
10.3 For the purpose of participation in voting at a Special General Meeting of the Club, all
persons shall have been a member as at the membership deadline day which is the
date that the requisition for the meeting was made by the Committee or members.
10.4 In the case of a Special General Meeting the Secretary shall be responsible for
sending to each member at his or her last known postal or electronic address a
written agenda giving notice of the date, time and venue no later than 21 days prior
to the date agreed by the Committee following the requisition submitted 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 Committee can decide to hold the Annual or Special General Meeting virtually,
using such electronic and video technology as it sees fit.
11.2 The quorum for the Annual and Special General Meetings shall be seven 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. In the event of an equality of votes the Chairman shall
have a casting or additional vote.
11.4 Only paid up members who have reached their 16th birthday shall be entitled to be
heard and to vote on all matters.
11.5 The Secretary (or Minutes Secretary if designated), or in his/her absence a member
of the Committee, shall take minutes at the Annual and Special General Meetings.
11.6 The appointed Chairman of the meeting shall 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. Alteration of the Rules and Other Resolutions
12.1 No amendments may be made to clauses 2 “Objects”, 17 “Dissolution” or this clause
without the prior written consent of the Charity Commission.
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(s) to the Rules
shall become effective until such amendment(s) shall have been submitted to and
validated by such person as is authorised to do so by Swim England South East
Region.
13. By-Laws
13.1 The Committee shall have power to make, repeal and amend regulations and by-laws
as they may from time to time consider necessary for the wellbeing of the Club. Such
regulations, by-laws, repeals and amendments shall have effect until set aside by the
Committee or at a General Meeting. The Committee shall have power to settle
disputed points not otherwise provided for in this Constitution.
14. Finance
14.1 All monies payable to the Club shall be received by the Treasurer and deposited in a
bank account in the name of the Club.
14.2 No sum shall be drawn from that account except by the method agreed by the
the committee which is that no sum shall be drawn from that account except by cheque
signed by two of the three signatories who shall be the Chairman, Secretary and
Treasurer. Any monies not required for immediate use may be invested as the
Committee in its discretion think fit. (See Guidance Notes regarding Accounts).
14.3 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).
14.4 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.
14.5 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 Oct and ending
on 30th September. Any change to the financial year shall require the approval of the
members in a General Meeting.
15. Borrowing
15.1 The Committee may borrow money on behalf of the Club for the purposes of the Club
from time to time at their own discretion up to such limits on borrowing as may be laid
down from time to time by the General Meeting for the general upkeep of the Club or
with the (prior) approval of a General Meeting for any other expenditure, additions or
improvements.
15.2 When so borrowing the Committee shall have power to raise in any way any sum or
sums of money and to raise and secure the repayment of any sums or sums of money
in such manner or on such terms and conditions as it thinks fit, and in particular by
mortgage of or charge upon or by the issues of debentures charged upon all or any
part of the property of the Club.
15.3 The Committee shall have no power to pledge the personal liability of any member of
the Club for the repayment of any sums so borrowed.
16. Property
16.1 The property of the Club, other than cash at the bank, shall be vested in not less than
two but not more than four Custodians who shall be members of the Club over 18
years of age. They shall deal with the property as directed by resolution of the
Committee and entry in the minute book shall be conclusive evidence of such a
resolution.
16.2 The Custodians shall be elected and reaffirmed at an Annual General Meeting of the
Club and shall hold office until death or resignation unless removed by a resolution
passed at a General Meeting.
16.3 The Custodians shall be entitled to an indemnity out of the property of the Club for all
expenses and other liabilities properly incurred by them in the discharge of their duties.
17. Dissolution
17.1 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. A specific date for the dissolution shall be included in the resolution.
17.2 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.
17.3 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 organisation having objects
similar to those of the Club for the furtherance of such objects) nominated by the last
Committee.
18. Acknowledgement
18.1 The Members acknowledge that these Rules constitute a legally binding contract to
regulate the relationship of the members with each other and the Club.
18.2 This constitution must be readily available to all club members. This may be via
posting on the Club website or shared with members annually at time of membership
renewal.
18.3 The following statement must appear on Club membership forms and is to be signed
by the member. It must also be countersigned by the parent, or a person having
parental responsibility for the member, if under 18 years of age:
“I acknowledge receipt of the rules of Windsor and Maidenhead StarFish Swimming 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.”