- The International Federation of Swimming Teachers’ Associations Limited (IFSTA) is a company limited by guarantee governed by its articles of association (Articles).
- IFSTA is made up of 3 groups:
- Directors: those persons who have responsibility for the day to day management of the company.
- Full Members: the company law members, who are simply the directors from time to time.
- Council Members: a wider membership body established under these Regulations to discuss policy and provide advice to the directors on the operation of IFSTA internationally.
- In accordance with article 17 of the Articles, the Directors have the power to set regulations for the proper management, conduct and regulation of the affairs of IFSTA and these regulations (Regulations) have been adopted using this power.
- These Regulations are supplementary to the Articles and are not intended to replace or amend the Articles. As stated in Article 17.3, if there is any inconsistency between the Articles and these Regulations then the Articles will prevail.
- These Regulations may be amended from time to time by the Directors in accordance with the Articles.
- As an international, worldwide and non-profit making federation the IFSTA is dedicated to reducing deaths by drowning. Therefore, the objective of the IFSTA is:
To promote internationally, the highest standards in the teaching of swimming, water safety, and survival techniques.
- In furtherance of this objective, but not further or otherwise, IFSTA may:
- Without distinction of age, gender, race, politics, religious or other opinion, associate and co-operate with statutory authorities, voluntary organisations or individuals in a common effort to advance the education, training and teaching of swimming and other survival techniques.
- Promote, or assist in promoting, water safety education and the teaching of swimming, water safety, and survival techniques to the highest international standards. This includes but is not limited to promoting child safe practices and the Rights of the Child as detailed in the Convention on the Rights of the Child, ratified by the United Nations 20th November 1989 (and any subsequent amendments)
- Encourage and enable the development of IFSTA throughout the world
- Promote and carry out, or assist in promoting and carrying out research, surveys and investigations and publish the useful results thereof.
- Organise or assist in organising meetings, lectures, classes and exhibitions, and publish or assist in publishing reports, periodicals, recordings, books or other documents or information.
- Obtain, collect and receive money by way of grants, donations, bequests, legacies or other lawful method, provided that IFSTA shall not undertake any substantial permanent trading activities.
- Recruit and train volunteers with relevant skills to carry out the objects of IFSTA.
- Employ and pay any person or persons, to supervise, organise and carry out the work of IFSTA and make all reasonable and necessary provision for the provision of remuneration to such employees.
- Support any charitable trusts, associations or institutions formed for the promotion of similar objectives.
- Do all such lawful things as may be necessary for the attainment of IFSTA’s objectives or any of them.
Incorporation and Copyright
- IFSTA is a UK registered ‘not-for-profit’ company limited by guarantee.
- The IFSTA Logo is the copyright of The Swimming Teachers’ Association (UK) that is on permanent free loan to IFSTA. Council Members may use the IFSTA Logo on their letterheads and free promotional literature without charge.
- The IFSTA Logo may be used on certificates or literature, provided Council Members do not claim that their courses or their certificates standards are approved by IFSTA, unless they have been reviewed by IFSTA and endorsed under the International Teaching Accreditation Benchmarks.
- Council Members can only use the IFSTA Logo to indicate ‘membership of IFSTA’ and/or ‘qualification recognised or endorsed by IFSTA’ and only if the qualification has been approved, in writing, by the IFSTA. Members may apply to IFSTA to have ‘qualifications endorsed by IFSTA.’
- The various Council Members may have their own logos.
- The Directors are the persons with ultimate control and responsibility for the day-to-day management of IFSTA and they have legal duties, including to promote the success of the company, under company law.
- Initially the Directors of the IFSTA shall be the CEO and secretary of IFSTA and a member of the Council of IFSTA elected by the Directors. Subsequently, the continuing Directors may appoint and remove Directors from time to time.
- The Directors may appoint such sub-committees, advisory groups or working parties of their own members, and other persons as they may from time to time decide necessary for the carrying out of their work, and may determine their terms of reference, duration and composition. All such sub-committees shall make regular reports on their work to the Directors and shall be chaired by a Director.
- The Full Members are the only company law members of IFSTA.
- The Full Members are not involved in the day-to-day management of IFSTA.
- The Full Members shall be made up of the Directors from time to time, and no person other than a Director shall be a Full Member. A person becomes a Full Member on becoming a Director, and shall cease to be a Full Member on ceasing to be a Director for any reason.
- The Full Members are distinct from the Council Members.
- The Council is formed of member organisations who wish to support the work of IFSTA and promote its objectives and who agree to pay the Council Member Fees.
- Council Members are not Full Members or company law members of IFSTA.
- The Council’s primary role shall be to discuss matters of policy relating to the operation and activities of IFSTA in different nations and make recommendations to the Directors as to how the objective can be better promoted or the work of the Council Members improved.
- Council Membership of IFSTA shall be open to all organisations or associations who support IFSTA’s objectives, irrespective of ethnic origin, gender, religion, sexual orientation, age or politics, but subject to such terms and conditions as the Council may from time to time decide.
- Following receipt of a valid application form, the Directors shall consider the application and all relevant information, and, at their discretion, may grant Council Membership to the applicant with such conditions as the Directors may decide.
- The Directors may request such further information as they deem necessary in relation to the syllabi, assessment methods, standards, qualifications and public standing of Council Members at any time.
- Each Council Member shall nominate a representative to attend meetings of the Council on its behalf. Any change of the nominated representative should be notified in writing to the Directors before the next Council meeting.
- Any Council Member may be permanently excluded from the IFSTA by the Directors, if in the opinion of the Directors, said Council Member has failed to maintain the standards on which the decision to admit them to Council Membership was made.
- Reference to nations within these Regulations shall refer to nations as defined by the United Nations.
- The Council may establish sub-committees or working groups to discuss specific points of policy between Council meetings who shall report back to the next Council meeting.
Council Membership Fees
- Council Member Fees shall be payable by all Council Members.
- Council Members Fees shall be decided by the Directors from time to time in consultation with the Council.
- A Council Member whose fees are in arrears for over two years shall be deemed to have resigned their Council Membership, unless where the Directors are satisfied that exceptional circumstances apply.
- All moneys raised by or on behalf of IFSTA shall be applied to further the objects of IFSTA and for no other purpose provided that nothing herein contained shall prevent the payment of legitimate business expenses.
- Council meetings may be called by the Directors at any time.
- Proper notice of the convening of a Council Meeting shall be served to all Council Members by email at least 21 days before the proposed date of meeting.
- Copies of any relevant papers shall be served on all Council Members with the official notice of meeting.
- All correspondence shall be forwarded to the last address notified to the CEO.
- The quorum at Council meetings shall be four.
- Council meetings shall be chaired by the President of IFSTA. In the absence of the President or in the case of withdrawal of the President from a meeting because of a conflict of interests in a matter under discussion, the designated next President (Vice President) of the IFSTA shall preside over the meeting. If neither the President nor Vice President is present, those Council Members present may elect one of their number to chair the meeting.
- A Council Member who cannot attend a council meeting by nominated representative may submit a written statement to the President ahead of the meeting.
- The chair of the meeting will ensure the proper running of the meeting, will direct discussions and may take the items of business in any order.
- A Council meeting may be adjourned by the chair of the meeting. If a meeting is adjourned, then a further meeting shall be held within 14 days for the purpose of concluding the original items of business.
- The chair of the meeting may request that a Council Member’s representative withdraw from part of a meeting where it is necessary to ensure an impartial discussion on a matter or for the proper and orderly running of a meeting.
- All Council Members agree to comply with the meeting protocols as laid down in Appendix A.
President and Vice President of IFSTA
- The President and Vice President of IFSTA shall be elected by the Council from amongst the Council Members following a nomination process.
- Each Council Member can only nominate one person. Nominations shall be made in writing to the Directors. The Directors shall then notify the Council Members of all of the nominations and invite the Council Members to vote on the appointment within 21 days.
- In the event of a tie the President will have a casting vote.
- The Secretary shall promptly advise the IFSTA CEO and all Council Members of the result of the vote.
- The President is elected for a three year term, or any other term as decided by Council. The President may be re-elected for further consecutive or non-consecutive terms. The President shall hold office until they complete the agreed term, or they are removed by vote of Council for misconduct or other serious reason which might reasonably be considered to bring IFSTA into disrepute.
- A Vice President once elected, shall hold office until they assume the office of President or their nomination is withdrawn by their own nominating Council Member, or they are removed by vote of Council for misconduct or other serious reason which might reasonably be considered to bring IFSTA into disrepute.
- The President shall chair all meetings of the Council.
- The President shall be an ex officio member of all committees or working groups established by the Directors or Council.
- In the absence of the President or in the case of withdrawal of the President from a Meeting because of a conflict of interests in a matter under discussion, the designated next President (Vice President) of IFSTA shall preside over the meeting. If neither the President nor Vice President is present, those Council Members present may elect one of their numbers to chair the meeting.
Chief Executive Officer (CEO) of IFSTA
- The Swimming Teachers’ Association (UK) will provide a member of staff to act as CEO of IFSTA.
- The CEO will undertake the day-to-day administration of IFSTA.
- IFSTA shall agree to pay a fee to be agreed, to The Swimming Teachers’ Association (UK) for the services of the CEO
- The CEO shall be the accounting officer for IFSTA and he/she shall maintain the accounts of IFSTA.
- The CEO shall be responsible for circulating information and notifying Council Members of meetings/times and dates.
- The CEO shall be a Director of IFSTA in order to comply with UK company law.
- The CEO shall not have voting rights at any IFSTA meeting unless they are also a Director of IFSTA.
Secretary of IFSTA
- The secretary shall be nominated by The Swimming Teachers’ Association (UK).
- The Secretary shall keep minutes of all relevant meetings of IFSTA.
- The Secretary shall be responsible for the storage and maintenance of all IFSTA records and correspondence.
- The Secretary shall be the UK’s representative in Council meetings.
Certificates of Competence
- IFSTA will produce Certificates of Competence; these will be available to be issued to members of national associations who can demonstrate that they have passed a qualifying examination approved by the Council of IFSTA. There will be a charge for each certificate issued. Address of The Swimming Teachers’ Association and IFSTA for correspondence:
The International Federation of Swimming Teachers’ Associations
Phone: +44 (0)1922 645097
Governing Law and Jurisdiction
- These regulations and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these regulations or their subject matter or formation.
Dispute Resolution Procedure
- If a dispute arises out of or in connection with these regulations or the performance, validity or enforceability of the same (Dispute), then the parties shall follow the procedure set out in this clause:
- Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the parties shall attempt in good faith to resolve the Dispute.
- If the parties are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, provided one of the parties of the Dispute is not IFSTA, the Dispute shall be referred to the Directors who shall liaise with the parties and attempt in good faith to resolve the Dispute.
- If the Directors are for any reason unable to resolve the Dispute within 30 days of it being referred to them, or if one of the parties in the Dispute is IFSTA, the parties agree to enter into mediation in good faith to settle the Dispute in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 80 days of service of the Dispute Notice, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation. Unless otherwise agreed between the parties, the mediation will start not later than 30 days from the date of the ADR notice.
- If the Dispute is not resolved within 60 days after service of the ADR notice, the Dispute shall be finally resolved by the courts of England and Wales in accordance with clause 13 in these regulations.