All about the constitution

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Dictating everything from voting rights to the role of secretary, the constitution is the cornerstone of every swimming club. Read on to access Model Constitutions to use, guidance and an ever expanding range of constitutional FAQs.

All clubs need to be constituted in order to create an entity with which other organisations can operate. They also need a written constitution to ensure all stakeholders can understand how duties are carried out and the rules that need to be followed.

The Model Constitution

To aid clubs in the process of becoming constituted the ASA has created a Model Constitution. It is a template allowing you to develop your own document without having to write it from scratch. It also ensures your constitution meets ASA requirements.

The Word document can be accessed by clicking below. Here you will also find links to a checklist for identifying mandatory and other provisions for your constitution as well as general guidance notes and various annexes on subjects such as the Code of Ethics.

Model Constitution FAQs

Creating a constitution takes a great deal of thought and application and during the process many questions get raised. We have reproduced the most popular questions the ASA receives on the matter below. It is a list that will be periodically updated to reflect clubs’ concerns. To secure answers simply click on the link.

Is a written constitution really necessary? Yes it is…Click here to read more
The Model Constitution refers to banking by cheque. Is online banking allowed? Yes it is…Click here to read more. For clubs considering changing to online banking, further information if also available here.
Do 16 to 18-year-olds have voting rights under the Model Constitution? They can have…Click here to find out
What are the purpose and responsibilities of the Chairman? Click here to find out
What are the purpose and responsibilities of the Treasurer? Click here to find out
What are the purpose and responsibilities of the Secretary? Click here to find out
Are there alternative ways to set up the club? The answer is yes. This includes registering as a Community Amateur Sports Club (CASC) or seeking charitable status. Click here to read more
What is the liability of committee members? Click here to find out
Is it possible to include provision in the constitution regarding postponed or adjourned General Meetings? Click here for possible wording.

Constituting as a Community Amateur Sports Club (CASC)

Some clubs may be interested in pursuing registration as a CASC. This option has been open to qualifying sports clubs for several years now and during that time has attracted a number of clubs from an array of sports. For non-property owning clubs, perhaps the key benefit of registration is the ability to claim Gift Aid.

It is important that any club considering the move fully researches the requirements of the scheme; the CASC rules set down requirements for registration and not all clubs will necessarily qualify. To find out more about becoming a CASC click here. CCPR has also put together an excellent website specifically for CASCs, which can be accessed by clicking here.

Please note that CASC status should not be confused with charitable status. Click here to read more.

For clubs which are interested in pursuing CASC status, the ASA has prepared a tailored version of the Model Constitution:

For clubs registered as a CASC, the ASA has also put together information concerning Gift Aid and a new "Just Giving" opportunity. Click here to read more.

UPDATE: Clubs (both those registered as a CASC and those considering registration) should also familiarise themselves with the changes introduced by the Finance Act 2010, which created a new "Fit and Proper" management condition for CASCs. HMRC has produced some guidance on the changes, which is available on their website.

UPDATE: CASCs may wish to note that as from 6th April 2011, the three-year Transitional Relief for Gift Aid ends. Up to that date the government pays a supplement of 3 pence on every pound donated. However, for any donations received after that date, that supplement will not apply. It is therefore important to bear this in mind when processing gift aid donations. Further information on the benefits of gift aid are available from HMRC: http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm

Registering as a charity

If you are considering seeking charitable status, then visit the website of the regulator for charities in England and Wales, the Charity Commission. Also read our comprehensive document outlining what it means to register as a charity. Simply click here.

For more in-detail information, the ASA has produced a series of documents on registering and running a charitable club:

UPDATE: charities may wish to note that as from 6th April 2011, the three-year Transitional Relief for Gift Aid ends. Up to that date the government pays a supplement of 3 pence on every pound donated. However, for any donations received after that date, that supplement will not apply. It is therefore important to bear this in mind when processing gift aid donations. Further information on the benefits of gift aid are available from HMRC:-http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm

If you are a club with or considering charitable status, you may have heard of the new Charitable Incorporated Organisation (CIO) structure, introduced by the Charities Act 2006.

CIOs are a new type of company designed specifically for charities and may be a governing structure of interest to some clubs. No date has yet been set for CIOs to become law. In the meantime please read our information document outlining some of the background. Simply click here.

In any event, clubs wishing to have charitable status should liaise with their ASA Region to ensure that any changes to their constitution are compliant with ASA requirements for affiliation.

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