Background
Under Swim England Regulations (shown below) Members of Regional Management Boards are required to register any direct, or indirect, conflicts of interest they may have or expect to have in relation to the business or affairs of Swim England, or a Region. Completing this form will also assist directors of any company controlled by Swim England East Region in complying with the Companies Act 2006.
Members of the Board, committees, discipline managers, officers, and staff will be required to complete this form, on election (if applicable), and annually following the Annual General Meeting. Copies of the current form for each member will be retained by the Regional Office.
Examples of where conflicts of interest may arise include, without limitation:
- Any contract or arrangement proposed to be entered into between Swim England, or the Region, and you. Directors should also remember that they need to declare potential conflicts arising through their connected persons (as defined below). For example, where the director’s spouse enters into a transaction with a company controlled by Swim England, or the Region.
- If you are a director or significant shareholder of a company which is a supplier to or customer of Swim England, or the Region.
- Any arrangement made or offered by a third party in consequence of holding one of the above positions.
- Any benefit received from a sponsor of or donor to Swim England, or the Region, either personally or on behalf of a third party.
Please list any existing interests in the declaration below. You should also note that, if there is any change to your circumstances during the year, you are required to complete another form. Please also note that, even after completing this form, you should declare as soon as reasonably practicable, or at the start of any meeting, any interests in any matter being or likely to be discussed at any board or committee meeting you attend.
You should be aware that a person connected with a director is defined in the Companies Act 2006 and includes close members of the director’s family. This includes the director’s spouse or civil partner, the director’s children or step-children and a director’s parents.
Extract from the Swim England Handbook 2020 from pages 55/6
- Conflicts of interest
81.1 Register of interests
81.1.1 All members of the Board, all members of the Management Boards of the Regions and members of any other committee appointed by Swim England or the Regions and all employees, consultants to and agents of Swim England or the Regions and the Directors of any company controlled by Swim England (‘Affected Persons’) shall as soon as practical subscribe to registers (‘the Regional Conflicts of Interests Register’ and ‘Swim England Conflict of Interests Register’ as appropriate). These registers shall be maintained separately by the office of each of the Regions, and the Company Secretary. The Affected Person shall disclose any interest or benefit of theirs of whatever nature, whether direct or indirect, which they may have or expect to have in relation to the business or affairs of Swim England or a Region to include, without limitation:
81.1.1.1 any contract or arrangement proposed to be entered into between Swim England and the Affected Person or any person, firm or company with whom the Affected Person is associated (as that expression is defined in s.435 of the Insolvency Act 1986). Directors should also remember that they need to declare potential conflicts arising through their connected persons, which includes spouses, children and companies controlled by the Director. For example, where the director’s spouse enters into a transaction with a company controlled by Swim England that may (but need not necessarily) give rise to an indirect interest on the part of the Director in that transaction;
81.1.1.2 any directorship of a Company or any partnership or any other profit, salary or fee earning activity not covered under 81.1.1.1 above;
81.1.1.3 any arrangement made, proffered or contemplated in consequence of the Affected Person holding the office of a member of a committee by any third party (for this purpose, benefit includes financial support or allowance or advantage);
81.1.1.4 any benefit which the individual receives from a sponsor of or donor to Swim England or a Region, either personally or on behalf of a third party;
81.1.1.5 any benefit which the individual makes to another member of a Swim England or a regional committee or a body they represent.
81.1.2 In the event that the Chief Executive Officer shall have an interest or benefit to disclose then, in addition to making an entry in the Swim England Conflict of Interests Register, he/she shall supply in writing particulars of the interest or benefit to the person appointed by the Board to receive notification of any interest or benefit of the Chief Executive Officer.
81.1.3 Any data subscribed to the Regional Conflicts of Interest Registers shall be made available to the Swim England Conflicts of Interest Register on request.
81.2 Declaration of interests:
81.2.1 an Affected Person, shall as soon as practicable declare any interest in any matter being or likely to be discussed at any meeting. In any event the interest must be declared at the meeting immediately prior to consideration of the matter in which they have an interest. The meeting may require the Affected Person to leave the room at that stage. In the absence of the Affected Person the meeting will then decide whether the Affected Person may, notwithstanding their declared interest, take part in the consideration or discussion or voting on any question relating to the matter affected by the interest. The meeting may impose a condition that the Affected Person may take part in the discussions but not vote on any question relating to the matter affected by the interest or such other conditions as it sees fit. In the event that the meeting decides that the Affected Person may take part in the consideration and discussion on the matter affected by the interest the Affected Person shall be invited to re-join the meeting. The use of these procedures at any meeting shall be fully minuted.
81.2.2 where an Affected Person becomes aware in advance of a meeting that he may have an interest in matters to be discussed at the meeting they shall notify the chair of the meeting. The chair shall at the start of the meeting report any such notification(s) received and further shall remind members of their obligation to make a declaration of any interest they may have in matters to be discussed
81.3 Code of Practice:
81.3.1 The Board may issue and from time to time revise a Code of Practice with regard to the operation of this Regulation 81.
81.3.2 All Affected Persons shall be required to complete an acknowledgement to the effect that they have read and understood this Regulation 81 and the Code of Practice then in force.
Declaration
I have read the information supplied to me regarding Conflicts of Interest Register and acknowledge that, as at the date entered below, the interests shown below exist. I will inform the Regional Chairman in the event that there is any change in my circumstances and complete a replacement form.
If I am also a director of a company controlled by Swim England, or the Region, I also acknowledge that it is my duty to avoid a situation that could conflict with the interests of the company/companies of which I am a director. Should I become aware of any additional interest(s) that may potentially conflict with the company/companies of which I am a director, I will seek prior authorisation from my fellow directors.
In order to comply with the Data Protection Act 2018, it is essential that all personal data entered onto this Conflicts of Interests Form are kept confidential and the form is securely stored.
