RULES of SOLIHULL Swimming Club (“the Club”) as at 15 December 2023

1. Name
1.1 The name of the Club shall be Solihull Swimming Club

​

2. Objects
2.1 The objects of the Club shall be the teaching, development and practice of swimming, diving,
artistic swimming, open water, water polo 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 West Midland Region, and shall adopt and conform to the rules
of the West Midland 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 the current 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 the West Midland Region, the Club and all members of
the Club acknowledge that they are subject to the regulations, rules and constitutions of:
2.4.1 Warwickshire County Association; and
2.4.2 West Midland 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 World Aquatics, 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 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 Club membership 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 (“affiliates”) 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 (and in the case of a child under 18 years of age the
application must be submitted 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.
3.7 All new members, other than affiliates, shall be liable to pay a non-refundable Club joining fee,
which shall be determined by the Committee
3.8 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.
3.9 Membership is not transferable. This includes the transfer of membership rights from a child
under 18 years of age to a parent or guardian.

​

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 1 st of January each year. The annual Club subscription fee will be due in
January each year. Club membership fees will normally be paid monthly by direct debit on the
28 th day of each month.

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 Cessation of monthly direct debit will lead to cancellation of membership unless it has been
sanctioned by the Committee or its representative(s)
4.5 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 of such fees. Any increase in subscriptions or membership fees
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.
4.6 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).
4.7 The Club will operate a fees discount scheme for its volunteer workforce, details of which will be
determined by the Committee.

​

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 post 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 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 A 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 Club
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 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 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, Vice-Chairman, Secretary, Treasurer (together
“the Executive Officers of the Club”) and 16 elected members all of whom must be members of
the Club. The 16 elected members will comprise the following: President, Water Polo Secretary,
Fixtures and Gala Secretary, Head Coach (Swimming), Head Coach (Water Polo), Membership
Secretary, Club Captain and 9 other members.
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 shall 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.
7.3 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’ 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 in their absence a member of
the Committee, shall take minutes.
7.6 Meetings can be held virtually, using such electronic and video technology as the Committee
sees fit.
7.7 In the event that a quorum is not present within 30 minutes of the stated start time it can proceed
but any decisions taken cannot take effect until ratified by a quorate Committee.
7.8 In addition to the members so elected the Committee may co-opt further members of the Club to
fill any vacancies 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.

7.9 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.
7.10 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 a General Meeting.
7.11 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.
7.12 The Committee shall maintain a log of Accidents/Incidents at Club related activities. Details of
such 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.
7.13 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. President and Honorary Life Members
8.1 The Annual General Meeting of the Club will elect a President. A 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, 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 also be a fee paying member of the Club in accordance
with Rule 3. Such honorary members and life members must be elected at the Annual General
Meeting, confirmed annually and be included in the Club’s annual return as to membership.
8.3 Honorary and/or life memberships may only be removed at an Annual General Meeting of the
Club, when it shall be properly proposed in accordance with these Rules.

9. Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year where possible 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 existing honorary and/or life membership categories:
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 the 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 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 the 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 and held 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 one-tenth 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/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.
10.5 A Special General Meeting shall only deal with the matters set out in the Notice.

​

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 7 members entitled to 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 16 th birthday shall be entitled to be heard and to
vote on all matters.
11.5 The Secretary, 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 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 the West Midland 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 Committee which
includes a minimum of two authorisations. Any monies not required for immediate use may be
invested as the Committee in its discretion think fit.
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.

14.6 The financial year of the Club shall be the period commencing on 1 September and ending on 31
August. 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 renewal 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 Solihull 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.”