National – The SASA Ltd

The period from 1993 to 1995 was a period of significant change to the organisation and business model of the S.A.S.A., with the introduction of a Board of Management in addition to the existing Council.

During the following period from 1995 to 2000, all Sports Governing Bodies faced increasing pressures and lived in constant fear of litigation associated with sports induced injuries and a range of other liabilities, e.g. child protection.

Such litigation could result in significant financial liabilities from Court Actions and Settlements, and at that time the legal status of the Board of Management and all members of the S.A.S.A, was that they individually and personally could be held liable for these considerable unforeseen costs.

The “classic example” that was used and spread throughout the swimming fraternity was “what if a swimmer dives into water that is too shallow, or dives when not properly trained and sues the S.A.S.A” ?

This “classic example” was, from memory, based on a case in England involving a swimmer who dived into shallow water from a starting block and seriously damaged their neck – or the story was maybe folk-lore to bolster the case for change !

However, the Board of Management, supported by the S.A.S.A Council and Scottish Sports Council/sportscotland, implemented a structural and legal review that resulted in the formation of “The Scottish Amateur Swimming Association Ltd”, in early 2003.

The Company is “Limited by Guarantee”, a recognised company structure to clearly separate the “people” from the “business of the Company” and remove the direct financial liabilities to the Board of Management and members of the S.A.S.A.. The company could be sued, but the Board and members are not personally liable.

There were, most probably, many other, perhaps more important reasons, for the review and the formation of the Limited Company, however records of that time are in short supply and the above will have to suffice, unless other information becomes available !