Out to Swim Bye-laws

4 February 2024

These bye-laws are enacted in accordance with clause 25 of the Out to Swim Constitution dated 2 January 2019; amended by General Meeting on 3 February 2024.

• Matthew Bazeley-Bell (Trustee)

• Alex Davies (Trustee)

• Joseph Palmer (Trustee)

BYE-LAW 1 – INTERPRETATION AND USE OF THE BYE-LAWS

This bye-law seeks to set out how the bye-laws are to be read, how they should work and explains how bye-laws are created, maintained, amended and rescinded.

DEFINITIONS

“the Constitution” means the Out to Swim Constitution dated 2nd January 2019.

“the Club” means an Aquatics Club set up in a geographical location in England that is a part of Out to Swim

“a member” means any member of the Club or Discipline in question “the charity” means the Charitable Incorporated Organisation named Out to Swim

GENERAL AUTHORITY

1. All the Members of Out to Swim (“OTS”) shall abide by the Club’s Constitution and these bye-laws. The rules governing these bye-laws shall be:

1.1. Nothing in these bye-laws shall contravene the Constitution. In any case of doubt the rules in the Constitution take precedence. In particular:

1.1.1. All activity of OTS must be to further the charitable objects laid down in clause 3 of the Constitution.

1.1.2. Interpretation of the bye-laws shall at all times be subject to the Guiding Principles stated in clause 4.4 of the Constitution. 1.2. These bye-laws shall not apply to:

1.2.1. any meetings called under the Constitution; or

1.2.2. the exercise by the Trustees of their powers under the Constitution.

1.3. A copy of these bye-laws is to be made available to any member on request.

CHANGES TO BYE-LAWS

1.4. Any member may propose: to create a new bye-law; a change to an existing bye-law; or, to rescind a bye-law.

1.4.1. Any such proposal shall be discussed by the Trustees at their next meeting. The Trustees are to set a consultation process to enable the views of the members to be sought.

1.4.2. The Trustees shall take account of the views of the members in deciding whether or not to seek a change to the bye-laws.

1.4.3. The Trustees must have regard to clause 10.3.4 of the Constitution which provides that not less than 10% of the members of OTS may request the charity Trustees to make a proposal for decision by the members.

1.4.4. Once the Trustees have decided to propose a change they are to prepare a resolution to take to a General Meeting of the members. This will normally be at the Annual General Meeting but may be at a specially called General Meeting.

1.4.5. If the meeting is to act on an amendment to these bye-laws then a complete copy of the proposed amendment must be included, together with reasons for the amendment.

1.4.6. Members are to be given a vote to decide whether or not to support the proposal. Voting is to be in accordance with the provisions laid down in clause 11.6 of the Constitution.

1.4.7. If the members vote in favour of the resolution the Trustees are to enact the proposed bye-law(s) at their next meeting in accordance with clause 25 of the Constitution.

1.4.8. If additional byelaws are only required for the purpose of running local, ASA affiliated clubs and are required by Swim England, these will be numbered from byelaw 100 and will be a matter of decision and adoption only for members of the relevant club or clubs and specified as such.

BYE-LAW 2 – AQUATICS PROGRAMMES

This bye-law seeks to set out the principles by which aquatic Disciplines are organised and conducted in OTS Clubs. It does not mandate any particular Discipline for a Club but rather seeks to give guidance to Clubs on what Disciplines are recognised by OTS, where advice can be sought and how to go about setting up new Clubs and new Disciplines in existing Clubs. OTS seeks to offer a range of aquatics Disciplines across England. This is done through Aquatics Clubs that are registered with Swim England. Clubs must offer at least one aquatics Discipline.

DISCIPLINES

2.1. A Discipline refers to each of:

2.1.1. Artistic swimming. Also known as synchronised swimming.

2.1.2. Diving.

2.1.3. Open Water.

2.1.4. Pool swimming. This incorporates para swimming and masters swimming.

2.1.5. Water Polo.

2.2. All Disciplines offered by a Club should include a method of enabling new people to access that Discipline, including those with no prior ability.

2.2.1. Where a Club is not able to offer access to those with no prior ability, either directly or in partnership with other providers, they are to produce an action plan which supports this key charitable objective

2.3. All Disciplines offered by a Club must be open to adults of any ability (having regard to bye-law 2.2.1). Disciplines may be organised to group people with similar abilities together for training sessions.

HEAD OF AQUATICS

2.4. The Trustees shall appoint a head of aquatics (the “Head of Aquatics”) in consultation with the Clubs of Out to Swim. The role is allocated to one of the existing Lead Coaches in Out to Swim.

2.5. The Head of Aquatics shall:

2.5.1. be responsible for ensuring that any relevant health, disability or medical issues of Members are disclosed only to the appropriate people.

2.5.2. oversee the application and attainment of the Club’s aquatic policies and any health and safety policies;

2.5.3. work with the lead coach of each Club and Discipline to ensure they attain and maintain professional qualifications and carry out regular professional development;

2.5.4. provide support on recruitment and providing advice on generic issues affecting coaching and teaching such as disability awareness; and

2.5.5. carry out such instructions as are given by the Trustees.

CLUB LEAD COACH

2.6. The Club Committee shall appoint a lead coach (the “Club Lead Coach”) in consultation with the Head of Aquatics.

2.7. The Club Lead Coach shall:

2.7.1. be responsible for ensuring that any relevant health, disability or medical issues of Club Members are referred to the Head of Aquatics.

2.7.2. oversee the application and attainment of the Club’s aquatic policies and any health and safety policies within the Club;

2.7.3. work with coaches and teachers within the Club on attaining and maintaining professional qualifications and development,

2.7.4. provide support on recruitment and providing advice on generic issues affecting coaching and teaching such as disability awareness; and

2.7.5. carry out such instructions as are given by the Club Committee.

DISCIPLINE LEAD COACH

2.8. Any Discipline Sub-Committee may appoint a lead coach (the “Discipline Lead Coach”) in consultation with the Head of Aquatics.

2.9. The Discipline Lead Coach shall:

2.9.1. be responsible for ensuring that any relevant health, disability or medical issues of Discipline Members are referred to the appropriate people.

2.9.2. oversee the application and attainment of the Club’s aquatic policies and any health and safety policies within the Club;

2.9.3. work with coaches and teachers within the Discipline on attaining and maintaining professional qualifications and development,

2.9.4. provide support on recruitment and providing advice on generic issues affecting coaching and teaching such as disability awareness; and

2.9.5. carry out such instructions as are given by the Discipline Sub-Committee.

BYE-LAW 3 – CLUBS OF OUT TO SWIM

This bye-law sets out how the various geographical aquatics Clubs in the OTS family can be set up, governed, supported and wound up. It also sets out the obligations of these Clubs to the charity. Terms of reference are used to govern the activities of each Club. Clubs may evolve larger or more complex arrangements to meet the needs of their membership but must meet the requirements of this byelaw as a minimum standard. It does not mandate specific Disciplines (see bye-law 2). There is an expectation that all Clubs must offer a way for new people to participate in a Discipline offered by the Club, especially non-swimmers. This might be directly or through a partnership with another organisation for example.

3. A Club is defined as one or more Disciplines meeting in a geographical location of England governed by a Club Committee elected from the membership of the Discipline(s).

ESTABLISHING AND WINDING UP A CLUB

3.1. A Club is to be governed by the Out to Swim Constitution and Byelaws.

3.1.1. The members (in the case of an existing Club) are to be consulted in the drafting of the Out to Swim Constitution and Byelaws.

3.1.2. The Trustees are to enact the Out to Swim Constitution and Byelaws at a properly called meeting of the Trustees.

3.2. The Trustees may vote to close down a Club if:

3.2.1. A Club’s members vote to wind up the Club.

3.2.2. A Club becomes financially untenable and threatens the financial stability of the charity.

3.2.3. A Club brings the charity into disrepute or acts in a way that is contrary to the charity’s objects.

RESPONSIBILITIES OF THE CLUB

3.3. The Club shall set a budget in accordance with bye-law 5. This should take account of income and expenditure and must be signed off in accordance with the provisions in bye-law 5.

3.4. The Club is to propose fees for the coming year in accordance with the provisions at 5.7.

3.5. A Club must affiliate to its local Swim England Region.

CLUB COMMITTEE STRUCTURE

3.6. As a minimum a Club Committee must comprise three officers elected by the members. If that Club has multiple Disciplines, it may be structured so that the Club Committee is formed by a representative of each of the Disciplines, provided that the Discipline Sub-committees are elected by members. The Committee must include a:

3.6.1. Secretary. Responsible for administering the Club. In larger Clubs this role could be split into Secretary and Membership Secretary.

3.6.2. Finance Lead. Responsible for preparing a budget, advising on fees, managing payments and providing financial information to the OTS Treasurer.

3.6.3. Discipline Leads. If a Club is made up of more than one Discipline every Discipline must be represented by a person elected by the members of that Discipline.

3.7. The Committee must also include:

3.7.1. Any other positions deemed necessary by the Committee, subject to a maximum of 12 Committee Members.

3.7.2. The Club must elect a Chair. The Chair can either be a stand-alone position elected by the members or the elected Committee can choose one of their number to be Chair.

CLUB COMMITTEE MEMBERSHIP

3.8. Where Committee Members are elected at an Annual Meeting they shall serve from the end of that meeting until the end of the next year’s Annual Meeting.

3.8.1. The Members of the Committee (other than any Discipline representatives), shall be elected at the Annual Meeting by an Ordinary Vote.

3.8.2. The representative of each Discipline Sub-Committee is to be determined by members of that Discipline. The representative must be a member of that Discipline. The election of Discipline Officers shall be conducted by the members of the Discipline by an Ordinary Vote.

3.8.3. Where a Committee position is not filled by a vote at the Annual Meeting then the Committee shall be entitled to appoint any Member, subject to that Member’s agreement, to that position until the next election of Committee Members.

3.8.4. Any officer may resign their position by giving four weeks’ notice in writing to either the chair or secretary of their Club Committee. Where this causes a vacancy clause 3.8.3 shall apply.

3.8.5 The Committee shall consist of 3 elected members including roles which cover the functions of a Chair, Secretary and Treasurer (together “the Executive Officers of the Club”) and all of whom must be members of the Club.

CLUB COMMITTEE MEETINGS

3.9. The Committee shall meet at least quarterly or whenever a matter requiring their attention arises.

3.9.1. Additional meetings may be called at any time by the Secretary or by at least three Committee Members.

3.9.2. Written or verbal notice of a Committee meeting, including a brief agenda, shall be given to the members of that Committee at least a week in advance.

3.9.3. A majority of currently serving Committee Members shall constitute a quorum for the transaction of any business at any meeting of the Committee.

3.9.4. Each Committee member shall be entitled to one vote. Except as otherwise provided in these bye-laws, an act of the majority of Committee members represented at a meeting shall be the act of the Committee.

3.9.5. Where a vote is tied then the Chair may cast a deciding vote.

3.9.6. At the first Committee meeting after the Annual Meeting, the Committee shall endeavour to fill any vacancies on the Committee.

3.9.7. The Committee may invite anybody to attend Committee meetings and participate as the Committee chooses, with the exception that only Committee Members may vote at the meetings.

3.9.8. Where a decision is required urgently the Committee must be convened. Where the Committee cannot be convened in time, then any two of the Chair, Secretary or Finance Lead may take such emergency action as is necessary to safeguard the interests of the Club but shall report to the Committee as a whole as soon as possible.

3.9.8.1. Where it relates to a financial matter then the Finance Lead shall be required to participate in any decisions.

3.9.8.2. Where it relates to a novel, contentious or a financial matter out with the agreed budget the matter must be referred to the Trustees

ANNUAL AND SPECIAL CLUB MEETINGS

3.10. Each Club is to hold at least one meeting per calendar year for all eligible members at which defined business is discussed and agreed. This can either be a series of Discipline meetings, a specific all Club meeting or a mixture of both

3.10.1. The Annual Meeting should take place before the Annual General Meeting (AGM) concludes.

3.10.2. A Special Meeting of the Club may be called by not less than 10% of the Members of that Club. The matters to be dealt with at that meeting shall be limited to those stated in the notice of the meeting and shall be decided by an Ordinary Vote, as defined in bye-law 3.14.1, unless specified otherwise in these bye-laws.

3.10.3. All meetings of the Club shall be held at a convenient location or by electronic means.

3.10.4. Electronic Meetings: Meetings of the Members may be held by internet discussions or other electronic means of transmission, so long as all Members can be seen and heard.

3.10.4.1. Participation in a meeting by a Member pursuant to such means shall be deemed to constitute presence in person by such Member (in any capacity they are participating) at the relevant Meeting.

3.10.4.2. In the event that a meeting is to take place in part or in whole by electronic means, the notice of the meeting shall include instructions on how to join the meeting in lieu of or as well as (as relevant) a specified location for the meeting.

3.11. At least 15 days’ notice of the meeting must be given to the Members and that notice shall state:

3.11.1. The business of the meeting and shall include the agenda and any properly submitted proposals from members.

3.11.2. The name and contact details of the meeting Secretary, the time, date, place and/or digital link and a brief agenda.

3.11.3. If the meeting involves an election then:

3.11.3.1. the names of nominees shall be included

3.11.3.2. where more than one person has been nominated for a position the Committee may require those nominees to provide a statement explaining why they believe they should be voted for.

3.11.4. Where formal notice is required to be given to Members then it shall be deemed to have been given:

3.11.4.1. when posted by first class mail, 24 hours after posting, and/or

3.11.4.2. by e-mail, on the next day to being sent provided that it was sent to the last known address of the Member.

3.11.5. The agenda of the meeting shall include:

3.11.5.1. any proposals requiring a vote of the members;

3.11.5.2. the election of the Committee;

3.11.5.3. any election statements; and,

3.11.5.4. the approval of the Club 12-month business and financial plan.

3.11.6. A member may, no later than 5 days before the date of the proposed meeting, request in writing to the Secretary that:

3.11.6.1. an item be added to the agenda; or

3.11.6.2. additional information which is relevant to the business of the meeting be provided to Members.

3.11.7. Proposals may be added at the start of the meeting for discussion and decision at the discretion of the Chair.

VOTING RULES

3.12. At any Annual or Special Meeting 5% of the Members who are present in person or by proxy, shall constitute a quorum except where stated otherwise in these bye-laws. A lesser number may hold a meeting but no decisions will be binding.

3.13. For the purposes of voting a Member is defined as any natural person who has paid the most recent membership fee for the Club unless the application for membership has been refused by the Trustees in accordance with paragraph 9.1.3.2 of the Constitution.

3.14. Any decision of the meeting shall be decided by an Ordinary Vote of the members except where stated otherwise in these bye-laws.

3.14.1. An Ordinary Vote shall be decided by a majority of those present

3.14.2. A Special Vote shall be decided by 25% of all the Members of the Club, or the Discipline as the case may be. If a form of voting is not specified it shall be an Ordinary Vote.

3.14.3. Members may vote by a proxy on matters where notice has been given.

3.14.4. Where reference is made to a ballot or a vote and it relates to the affairs of a Discipline then only those Members of that Discipline may participate in that ballot or vote.

3.14.5. Where proxy voting is allowed then the notice of the proxy, containing the Member’s name, shall be returned in the manner and form stipulated, before the relevant meeting.

3.14.6. The Club may, if the Committee so decide, allow the members to vote by electronic mail (“e-mail”) or other electronic means (together, an ‘’e-vote’’) to elect the Committee or to make a decision on any matter that is being decided at a Club meeting. Arrangements for such electronic voting will be in line with 11.8 of the Constitution.

3.14.7. Where the vote for a Committee position is tied then a second vote shall be conducted and if there is still a tied vote then the tied candidates will be asked if one is prepared to step aside. If there is still no winner a coin toss will decide who is duly elected.

3.15. If a vote cannot be held for lack of a quorum, the business shall be carried forward to the next Club Committee meeting where the Committee may take the decision.

3.16. A list of candidates for the Committee will be prepared by a returning officer appointed by the Trustees. The returning officer should not be a Member of the Committee and must not be standing as a Committee Member. The returning officer must obtain the agreement of Members for their names to be put forward as candidates and shall not, while acting as a returning officer, participate in any discussions about the merits or otherwise of the candidates. Nominations for the Committee can be made by Members at the Annual Meeting for posts in the list which have no candidates.

DISCIPLINE SUB-COMMITTEES

3.17. A Club Committee may choose to form Sub-committees to run specific Disciplines. Where this happens care must be taken to ensure that members are able to vote for only the relevant Discipline Sub-committee(s). The full Committee must still meet at least four times per year.

3.17.1. The Discipline Sub-Committee is to be governed by “Terms of Reference” (ToRs).

3.17.1.1. The members are to be consulted in the drafting of the ToRs.

3.17.1.2. The Club Committee is to enact the ToRs at a properly called meeting.

3.17.2. Each Member may be considered a member of one or more Disciplines for the purpose of Discipline Voting.

3.17.3. Membership of a Discipline shall be determined by:

3.17.3.1. Payment of the required membership fee for your first Discipline.

3.17.3.2. Regular Attendance for any additional Discipline(s). Regular Attendance is deemed to be having attended at least one session of that Discipline in any three consecutive months during the year before the elections.

3.17.4. Should a Member’s attendance fall below Regular Attendance the member may nominate one Discipline they wish to be a member of for voting purposes.

CLUBS COUNCIL

3.18. The purpose of the Clubs Council is to co-ordinate Aquatic Club policy, finances and activities at a national level on behalf of the Trustees.

3.18.1. Membership of the Clubs Council shall comprise:

3.18.1.1. A representative from each Aquatics Club within Out to Swim who will be responsible for representing the views of their Club Committee.

3.18.1.2. At least one Trustee.

3.18.1.3. The Out to Swim Secretary

3.18.1.4. The Out to Swim Treasurer

3.18.1.5. The Out to Swim Communications Director

3.18.1.6. A representative from each Discipline offered by OTS. They are to be responsible for ensuring that any decisions take account of the nuances of their Discipline.

3.18.2. At the first meeting after the Annual General Meeting the Clubs Council shall elect one of their number to chair meetings until the end of the next Annual General Meeting.

3.18.3. The Clubs Council shall meet at least quarterly.

3.18.4. The Agenda for each Clubs Council must be published by the Secretary two weeks before the meeting date to enable each Club to meet and direct its representative on how to vote.

3.18.5. The Clubs Council must send a representative to all Trustee meetings to advise and report on Aquatic Club activity.

3.18.6. The Clubs Council shall nominate one of their number to lead on Equality, Diversity and Inclusion.

BYE-LAW 4 – MEMBERSHIP OF OUT TO SWIM

This byelaw sets out the rules for membership of OTS, including any of its Clubs. It covers topics like how membership is granted, recorded, managed and rescinded. It brings together rules that the charity must abide by and those that the charity has chosen to impose on itself in one place. This includes, for example, rules in the government issued CIO Regulations (referred to as General Regulations in the Constitution) or those in the Constitution itself.

4. Membership of Out to Swim is open to all.

GENERAL RULES

4.1. OTS may have different types of membership with varying benefits associated with each type. The types of membership and fees payable shall be published on the website or otherwise made available.

4.2. Access to any particular training session or training activity is subject to the venue capacity, punctuality and any required standards of ability or fitness. Any member who is turned away as a result is not entitled to a refund of any membership fees.

MEMBERSHIP FEES

4.3. The payment of membership fees to a Club allows access to all Disciplines in that Club. Members may access sessions in other Clubs under arrangements by the local Club. This is subject to:

4.3.1. There being sufficient capacity in the session (members of the local Club will always get priority access over members of another Club).

4.3.2. The member explaining any medical issues to the coach in advance of the session.

4.3.3. Payment of any required fee.

4.4. Membership fees, once paid, are not generally refundable.

MEMBERSHIP CLASSES

4.5. The following classes of membership are available in OTS:

4.5.1. Individual Member. Any person of any Club who pays an annual membership fee. This class includes members who pay only the Swim England annual membership fee and access sessions on a pay as you go basis.

4.5.1.1. Individual members can access Club activities on the payment of the appropriate fee (if any).

4.5.1.2. Individual Membership is terminated on the death of the member, or if the member ceases to pay the annual fee.

4.5.1.2.1. In circumstances of financial hardship, the Trustees can authorise temporary extension of membership to allow time for a member to pay the fee or to seek financial support.

4.5.1.3. A Member may resign at any time but this shall only take effect after the form of notification required by the Club Secretary has been complied with.

4.5.1.4. Individual Membership can only be withdrawn if the member is expelled from OTS as a result of a disciplinary process as laid down in the Constitution, bye-laws or policies.

4.5.2. Life Member. This is an honorary membership bestowed only by a unanimous vote of the Trustees.

4.5.2.1. Access to Clubs on the same terms as all other individual members on the condition that the Life Member pays the Swim England affiliation fee.

4.5.2.2. No other membership or session fees are payable.

4.5.2.3. Life Membership is terminated on the death of the member.

4.5.2.4. Life Membership can only be withdrawn if the member is expelled from OTS as a result of a disciplinary process as laid down in the Constitution, bye-laws or policies. Withdrawal of Life Membership must be ratified a unanimous vote of all Trustees.

4.5.2.5. If there are no Life Members then Trustees may remove this class of membership through a simple majority vote.

4.6. Members must join a Club and may choose one or more Disciplines (from those offered by their Club) to participate in.

4.6.1. Clubs may only restrict membership numbers based on their capacity to safely deliver a Discipline.

4.6.2. All members of the Club must also purchase membership of Swim England. This can be through the Club or through another swimming Club.

4.7. Membership starts when a duly completed membership application form is returned to the Club, the relevant membership fee is paid and acceptance is confirmed in writing to the member. New members should be given:

4.7.1. A copy of the New Member Handbook.

4.7.2. Clear information about the sessions open to them, any costs and membership renewal dates.

4.7.3. Information about how to contact the Club Committee.

MEMBERS’ DUTIES, POWERS AND RESPONSIBILITIES

4.8. Members of OTS are required:

4.8.1. to elect the Trustees;

4.8.2. to elect the OTS Secretary, OTS Treasurer and OTS Communications Director; and

4.8.3. to elect the Club Committees, and any Discipline Sub-Committees.

4.9. Members of OTS may:

4.9.1. amend the bye-laws; and

4.9.2. inspect any books or records maintained by the Trustees or officers of OTS in the discharge of their official duties.

4.10. Members of OTS are encouraged:

4.10.1. to support the charity’s aims as set out in the Constitution;

4.10.2. to take part in the organised activities of their Club;

4.10.3. to represent OTS in local, national and international competitions; and

4.10.4. to contribute to the management of OTS by volunteering to carry out activity and duties on behalf of OTS. This could include standing for elections, assisting with the organisation and administration of activities or any other task.

BYE-LAW 5 – FINANCIAL MANAGEMENT OF OUT TO SWIM

This bye-law seeks to bring together the overarching principles of good charity financial governance in one place. Additional rules might, from time to time, be imposed through Club or Discipline Terms of Reference, policies, process notes or other means. None of those rules are able to be less stringent that the rules set out in this bye-law.

5. The following rules are to be observed in managing the finances of Out to Swim:

GOVERNANCE REPORTING AND MONITORING

5.1. The members are to elect a treasurer (known as the “OTS Treasurer”) to oversee all financial governance of the charity.

5.1.1. The OTS Treasurer will produce quarterly management accounts for Trustee meetings. These will show the income and expenditure, compared with budget. A forecast of the year end position will be included from the second quarter in any financial year.

5.1.2. The OTS Treasurer will discuss variances with the Club Finance Lead and any actions required to bring financial performance of a particular Club back to budget will be proposed by the Club Committee and agreed by the Trustees.

5.1.3. The OTS Treasurer will apply income and expenditure directly to each activity cost centre where this is clear, such as coaching costs and pool hire. Where an expenditure is not easily categorised, such as membership income or central overheads, then the OTS Treasurer will implement a fair allocation based on criteria agreed by the Trustees and reviewed every two years.

5.2. Each Club is required to have a Club Finance Lead.

5.2.1. The Club Finance Lead will produce monthly management accounts that show the income and expenditure of the Club, compared with budget. A forecast of the year end position will be included from the sixth month in any financial year.

5.2.2. The Club Finance Lead will discuss variances with the Discipline finance representatives and any actions required to bring financial performance of a particular Discipline back to budget will be proposed by the finance representatives and agreed by the Club Committee.

BANK ACCOUNTS AND PAYMENT APPROVAL

5.3. Out to Swim will have one or more bank or building society accounts in which all monetary assets shall be held.

5.3.1. A central charity account is to be maintained (known as the “Central Account”) to receive all income to the charity. Where available online banking must be used.

5.3.2. The Trustees, OTS Treasurer and all Club Finance Leads are to be signatories to the Central Account with access to view the accounts online. Permissions must be set up so that the OTS Treasurer or one of the Trustees must be one of the two signatories on any payment.

5.3.3. Separate Club accounts (known as the “Club Account”) may be set up by the OTS Treasurer to manage the annual expenditure for that Club

5.3.3.1. Club Accounts will receive funds to cover the planned expenditure for the year from the Central Account.

5.3.3.2. There are to be at least three signatories including the OTS Treasurer and Club Finance Lead.

5.3.4. Separate deposit accounts may be set up by the OTS Treasurer to maximise the interest income on the General Reserve.

5.4. All payments will be supported by appropriate evidence to the satisfaction of the OTS Treasurer, such as invoices and receipts.

5.5. All payments shall require dual authorisation.

BUSINESS AND FINANCIAL PLANNING

5.6. Each Club needs to contribute to the development of the Out to Swim business and financial plan. This enables the Trustees and Club Finance Lead to take account of the needs of each Club. To help the Club Committee develop spending plans for the following year:

5.6.1. A discussion about spending priorities should be held at the Annual Club Meeting.

5.6.2. The Club Finance Lead must develop a 12-month expenditure budget.

5.6.3. The OTS Treasurer is to feed back on the affordability of the proposed budget and submit the consolidated charity budget to the Trustees for approval by the 1st October before the year in which the budget takes effect.

5.7. Setting Membership Fees

5.7.1. Each Club is to liaise with the OTS Treasurer to develop a proposal for membership fees in the coming year.

5.7.2. The fee proposals should be submitted to the Trustees for approval by the 1st October before the new fees takes effect.

5.7.3. New fee arrangements are to be communicated to members before they take effect.

5.8. The Trustees are to produce a business and financial plan that incorporates the Charity’s budget covering the four years after the most recently published set of accounts.

5.8.1. The four-year financial plan will be drafted by the OTS Treasurer and presented to the Trustees at their January meeting.

5.8.2. The four-year business plan is to be drafted by the Trustees with input from the Club Committees. It is to be discussed at the January Trustee meeting.

5.8.3. The business and financial plans will be presented to Members at the AGM.

UNBUDGETED EXPENDITURE

The Charity Commission recommends that we hold three to six months of operating costs in reserve. This bye-law seeks to explain how the reserve is calculated and managed. The charity’s reserve is intended to provide an internal source of funds for situations such as a sudden increase in expenses, one-time unbudgeted expenses, unanticipated loss in funding, or uninsured losses. The reserve may also be used for one-time, non-recurring expenses that will build long-term capacity, such as volunteer development or investment in infrastructure. As a final option reserves could be used to effect the winding up of the charity and an assessment of the cost of winding up the charity should be considered when setting the minimum reserves level.

5.9. The reserve is defined as unrestricted funding, held in cash or near-cash (accessible in no longer than three calendar months), that has not been designated for a specific purpose (e.g. the Scholarship Fund).

5.10. Whilst the annual budget is approved prior to the start of the year there will be occasions where Club Committees will want to undertake additional activities (outside the budget). In order to do this a business case will need to be prepared and submitted to the appropriate authority (see table 1).

5.11. Authority to approve business cases is delegated as laid out in table 1. Where an approving body does not have the authority to approve unbudgeted expenditure the business case should be submitted to the next body up. All limits are gross of any income.

Table 1

5.12. The business case must cover:

5.12.1. how the planned expenditure fits with the needs of the Club;

5.12.2. different options;

5.12.3. how the preferred option will be procured;

5.12.4. how much the preferred option will cost; and

5.12.5. how the preferred option will be managed or delivered.

5.13. The business case should be submitted using the format specified by the Charity.

DONATIONS

5.14. Any donation made by the charity must be to a charitable organisation in the UK. The donation can only be used for activities that will further the objects of Out to Swim. All donations to other bodies must be approved by the Trustees.

5.15. The Trustees may refuse to accept any donation that may damage the charity’s values or reputation and must ensure any tax implications have been fully understood.

FINANCIAL RECORDS

5.16. The OTS Treasurer will maintain complete and reasonable financial records on behalf of the Trustees.

BYE-LAW 6 – GRANT PROGRAMMES

This bye-law seeks to explain what grant programmes are on offer, who can access grants and how grants are awarded. It details how decisions are made, recorded and communicated.

6. To remove financial barriers to participation in aquatic sport for LGBTQ+ people Out to Swim runs grant programmes. These programmes are defined and governed as follows.

SCHOLARSHIP FUND

6.1. The OTS Scholarship Fund exists to:

6.1.1. subsidise the cost of individuals attending competitions as part of the Club;

6.1.2. subsidise Club membership fees; and

6.1.3. operate on behalf of all Members.

6.2. The Trustees will maintain and publish the process for application and award of a grant from the scholarship fund.

GRAHAM PERLMAN FUND

6.3. The Graham Perlman Fund arose from a bequest by Graham Perlman, a former member of Out to Swim. The Fund is specifically intended "to provide financial support for swimmers with HIV who would otherwise have financial difficulty in swimming with the Club or taking part in the Club's activities".

6.4. The Trustees will maintain and publish the process for application and award of a grant from the Graham Perlman Fund.

BAME PARTICIPATION FUND

6.5. The Black and Minority Ethnic Participation Fund arose from a restricted donation in 2020 from a Member of Out to Swim. The Fund is specifically intended "to provide financial support that improves the racial diversity of LGBT people taking part in the Clubs’ activities". 6.6. The Trustees will maintain and publish the process for application and award of a grant from the BAME Participation Fund.

PEPE ORRU FUND

6.7. The Pepe Orru Fund arose from a bequest by Pepe Orru, a former member of Out to Swim. The Fund is specifically intended to support the training and development of aquatics coaches and teachers taking part in the Clubs’ activities.

6.8. The Trustees will maintain and publish the process for application and award of a grant from the Pepe Orru Fund.

FUNDS APPLICATION COMMITTEE

6.9 The Trustees will receive and approve applications for grants. To protect the confidentiality of applicants, details provided during the application, including the name of the applicant, will only be made available to the Trustees. The OTS Treasurer and Membership Secretary may also have access to some or all applicant information by virtue of their volunteer roles.

6.10. Any application statistics shared with any individual or body are provided anonymously. An exception to this would be where there is a dispute or complaint from an applicant in which case certain information may need to be shared with the person conducting the investigation in order to reach fair resolution.