SWDR Constitution

of the Spanish Water Dog Rescue, also known as SWDR

• Name and Objectives

1.1. Spanish Water Dog Rescue shall be an Unincorporated Association in law and shall hereinafter be referred to as ‘SWDR’ or ‘The Rescue’. SWDR shall operate irrespective of the operation of any other similar organisation. There shall be no conflict of interest arising out of membership of any other such body unless such conflict shall specifically arise. SWDR undertakes to abide by the Rules of the Kennel Club insofar as they relate to the operation of dog rescue organisations.

1.2. The objectives of the Rescue shall be:

1.2.1. To advance education and training in the care of Spanish Water Dogs and such related matters as may be from time to time determined by the Rescue Committee.

1.2.2. To rescue and re-home Spanish Water Dogs in the UK which are homeless or in need of care for any reason whatsoever.  If the dog has come from another dog rescue, it must initially go back to that rescue for support.

1.3. The postal address of the Rescue shall be Whitegate Cottage, The Green, Coddenham, Suffolk.  IP6 9UN. This address may be changed at any time by resolution of the Committee.

1.4. The Independent Examiner of Accounts to the Rescue shall be BRIAN FAIREY

BEKE LODGE BUSINESS CONSULTANTS LTD, BEKE LODGE, BEKE HALL, CHASE NORTH,

RAYLEIGH, ESSEX   SS6 9EZ. This appointment may be varied at any time by resolution of the Committee.

• Management

2.1. The SWDR will be managed by a Committee of not less than four and not more than nine individuals elected at the Group’s Annual General Meeting (A.G.M.). 

2.2. The Officers of SWDR shall be the Chairman, Secretary, Treasurer, and Rescue Co-ordinator. These Officers together with such other nominated Ordinary Committee Members shall form the Committee of SWDR. The officers shall be elected from amongst the Committee members by those members. 

2.3  The Management Committee may co-opt onto the Committee, up to three individuals, in an advisory and non-voting capacity that it feels will help to fulfil the aim of the Group. 

2.4 The Management Committee shall meet at least two times a year. 

2.5 At least four Management Committee members must be present for a Management Committee meeting to take place. Meetings can take place virtually.

2.6 Voting at Management Committee meetings shall be by a show of hands. If there is a tied vote then the Chairperson shall have a second vote. 

2.7 The Management Committee shall have the power to remove any member of the Committee for good and proper reason. 

2.8 The Management Committee may appoint any other member of the Group as a Committee member to fill a vacancy, provided that the maximum prescribed is not exceeded. 

• Finance 

3.1. SWDR shall be financially self-supporting and shall not be indemnified by the Spanish Water Dog Club.

3.2. Monies shall be maintained in a separate dedicated account the organisation and operation of which shall be the responsibility of the Treasurer in consultation with the Committee.  SWDR reserve the right to charge a reasonable rehoming fee, the amount of which will be agreed by the committee each year.

3.2. The SWDR shall have, in addition to any other powers, the power to raise funds for the furtherance of its objects, but for that purpose only. This power includes, inter alia, the power to undertake other fund-raising activities and the power to invest funds within the confines of the trustee investment legislation and the guidelines laid down by the Charity Commission.

3.3. The SWDR Fund may be used to defray expenses of the Committee and for such other purposes as the Committee may determine in accordance with the objects of the Rescue. Notwithstanding the foregoing, no Committee member, other than the Rehoming Co-ordinator, may benefit in money or in kind from the operation of the Rescue. The re-homing of a rescued dog by a Committee member shall be permissible and shall not be construed as a ‘benefit in kind’ for the purposes of these Rules.

• Accounts

4.1. The Rescue shall comply with the standard accounting practices for voluntary groups relevant to its income/expenditure level with regard to:

• the keeping of accounting records;
• the preparation of annual statements of account;
• the independent examination of the statements of account of the charity. To this end the Committee shall appoint an Independent Examiner of Accounts who is not a member of the Committee to inspect the accounts annually.

4.2. The approved annual accounts shall be available to the Committee of the Spanish Water Dog Club and to other proper persons or organisations in the absolute discretion of the SWDR Committee.

• Meetings 

5.1. The SWDR Committee shall hold meetings at such date, time and place as the Committee may determine and find necessary.

5.2. The Chairman shall preside at the meetings. In the absence or incapacity of the Chairman, the Chairman shall nominate in their absolute discretion an appropriate person to Chair the meeting in their place. Such person will normally be a member of the Committee. In any case where the Chairman is unable to nominate, the Acting Chairman shall be appointed by the Committee members.

5.3. Formal business meetings of SWDR shall be kept to such a minimum as is necessary for the efficient and legal functioning of the Rescue only.

• General Operational Rules

6.1. The Rescue will endeavour to provide and maintain the highest possible standards of welfare for dogs in its care and will provide help to anyone seeking it in the care of such dogs, from the UK.

6.2. The Rescue will seek suitable long term homes for dogs coming into its care and to that end will maintain appropriate contact with all relevant parties.

6.4. Where dogs come into Rescue in circumstances where their breeder can be traced there shall be no assumption that the dog will be re-homed with the breeder, but the breeder will be consulted to see if they can assist in the re-homing.

6.5. Rescue will not purchase dogs, all dogs coming into Rescue will have their ownership signed over to rescue.

6.6. The Rescue reserves the right in its absolute discretion to require the dog to be neutered as a condition of adoption.

6.7. Rescue will partner with appropriate other Rescue organisations to deliver kennelling and care as deemed appropriate for dogs surrendered to Rescue, prior to rehoming. Any partner organisation will be a member of Association of Dogs and Cats Home (ADCH) and will be visited and approved by Rescue’s nominated representative prior to any dogs being placed with them.

6.7. Applicants to re-home dogs will be assessed to ensure that they are physically, socially and financially able to care for the dog to a proper standard. This may involve a home visit by the Rescue’s nominated representative. The Rescue’s decision on such matters will be final. No re-homing contract will be entered into with any person under the age of 18 years. In the normal course of events re-homers will ordinarily be mature adults with a clear commitment to and a love of dogs.

6.8. Applicants to re-home dogs who live in rented accommodation will be required to show that they have their respective landlord’s consent to keep dogs. There will be no exceptions to this requirement.

6.9. Applicants to re-home dogs will ordinarily be required to make a financial contribution to the Rescue. The amount of this contribution shall be as determined from time to time by the Committee. This requirement may be waived in the Rescue’s absolute discretion save and except that in every case a minimum payment of the sum of one penny will be required as consideration to ensure the enforceability of the re-homing contract.

6.10. No dog will be re-homed to any person who has a criminal conviction for any kind of animal neglect or abuse. In any case where a person re-homes a dog without declaring such convictions and the Rescue subsequently discover it, the re-homing contract shall be void and the dog shall be returned to Rescue or otherwise disposed of in such a way as the Rescue may determine.

6.11. No dog will be re-homed to any commercial dog dealer or pet sales business and will not be permitted to be offered as a prize in any competition.

6.12. In cases where a re-homed dog has Kennel Club registration the Rescue reserves the right to hold the papers indefinitely.

6.13. A copy of this Constitution & Rules document will be served upon all persons surrendering or re-homing dogs. It shall be a legal Condition Precedent of surrendering or re-homing any dog that the applicant has read and accepts the Constitution & Rules of the Rescue in their entirety. If applicants do not understand the Constitution & Rules, have literacy challenges or have other cognitive impairments they should seek their own legal advice before entering into any contract with the Rescue.

7. Amendment and Dissolution

7.1. This Constitution and Rules may only be changed at a meeting of the Rescue Committee. Notices of proposals to change the Rules by a Committee member must be supplied to the Secretary in writing not less than 14 days before the meeting at which the proposal is to be made. Other changes may be made in Committee in consultation.

7.2. If the Committee decides that it is necessary or advisable to dissolve SWDR, they shall have power to realise any assets held by or on behalf of the Rescue. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Rescue as the members of the Committee may determine, or, if that cannot be done, shall be applied for some other charitable purpose. In the ordinary course of events such residues shall be donated to Spanish Water Dog Club.

• General 

8.1. Rescue contracts for the surrender or re-homing of any dog shall be governed by the law of England & Wales and the courts of England & Wales within which jurisdiction all such contracts shall be formed irrespective of whether the surrender or re-homing takes place in any other legal jurisdiction.

8.2. The Rescue will not accept responsibility for any loss or damage arising from any of its operations except where the general law provides to the contrary in the case of death or personal injury arising from the negligence of the Rescue, its servants or agents.

8.3. The Rescue strongly advises re-homers of dogs to take out Third Party Liability insurance in respect of their custody of a dog and to carefully examine the case for Veterinary Expenses Insurance. Neither forms of insurance cover shall be a requirement of re-homing as the Rescue acknowledges that in some cases they are not required.

Agreed by SWDR Committee at meeting on 11 September 2021

Amended by SWDR Committee at meeting November 2022

Amended by SWDR committee at meeting 4 January 2024