CONSTITUTION

 REVISED ON THE 10th DAY OF OCTOBER 2004

  

  1. Name

 The name of the association is:

                                                      The Greenall’s Brass Band 

  1. Administration

 Subject to the matters set out below the Band and its property shall be administered in accordance with this constitution by the members of the Executive Committee, constituted by clause 7 of this constitution ( the Executive Committee. ) 

  1. Objectives

The band’s objectives are: 

To promote the musical, social and competitive interest of its members, and provide an effective organisation for such members.

To advance the education of the public in the art of brass band playing and to further the development of public appreciation in the said art by the presentation of concerts and similar activities.

To provide a facility that will give tuition and training to any member of the general public. 

  1. Powers

In furtherance of the objectives but not otherwise the Executive Committee may exercise the following powers: 

  • power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law.
  • power to buy, take on lease or in exchange any property necessary for the achievement of the objectives and to maintain and equip it for use.
  • power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the band.
  • power subject to any consents required by law to borrow money and to charge all or any part of the property of the band with repayment of the money so borrowed.
  • power to employ such staff ( who shall not be members of the executive Committee) as are necessary for the proper pursuit of the objectives.
  • power to cooperate with charities, voluntary bodies and statutory authorities operating in furtherance of the objectives.
  • power to establish or support any charitable trusts, associations or institutions formed for all or any of the objectives.
  • power to appoint and constitute such advisory committees as the Executive Committee may think fit.
  • Power to do all such other lawful things as are necessary for the achievement of the objectives.
  1. Membership
  • membership of the band shall be open to all who apply.
  • participation in the contesting band will be at the discretion of the Musical Director.
  • every member shall have one vote.
  • the Executive Committee may by unanimous vote and for the good reason terminate the membership of any individual: provided that the individual concerned shall have the right to be heard by the whole of the band before a final decision is made.
  1. Honorary Officers

At the annual general meeting of the band the members shall elect from amongst themselves a chairperson, a secretary and a treasurer who shall hold office from the conclusion of that meeting. 

  1. Executive Committee
  • the Executive Committee shall consist of not less than 3 members nor more than 9 members together with the Honorary Officers and the Musical Director.
  • the Executive Committee members will be elected at the annual general meeting.
  1. Determination of membership of the Executive Committee

A member of the executive committee shall cease to hold office if he or she: 

  • is disqualified from acting as a member of the executive Committee by virtue of section 45 of the charities Act 1992 ( or any statutory re-enactment or modification of that provision).
  • becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs.
  • is absent without permission of the Executive Committee from all their meetings held within a period of six months and the Executive Committee resolve that his or her office be vacated.
  • notifies to the Executive Committee a wish to resign.
  1. Executive Committee members not to be personally interested

No member of the Executive Committee shall acquire any interest in property belonging to the band ( otherwise than as a trustee for the band) or receive remuneration or be interested ( otherwise than as a member of the Executive Committee) in any contract entered into the Executive Committee. 

  1. Meetings and proceedings of the Executive Committee
  • the Executive Committee shall hold at least two ordinary meetings each year. A special meeting may be called at any time by the chairperson or any two members of the Executive Committee upon not less than four days notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include an appointment of a co-opted member than not less than 21 days must be given.
  • the chairperson shall act as chair for the meetings of the Executive Committee. If the chairperson is absent from any meeting, the members present shall choose one of their number to be the chairperson of the meeting before any other business is transacted.
  • there shall be a quorum when at least one third of the members of the Executive Committee are present at the meeting.
  • every matter shall be determined by a majority of votes of the members of the executive Committee present but in the case of an equality of votes the chairperson of the meeting shall have a second or casting vote.
  • the Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Executive Committee and any sub-committee.
  • The Executive Committee may appoint one or more sub-committees consisting of three or more members of the executive committee for the purpose of making any enquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committee shall be fully and promptly reported to the Executive Committee.
  1. Receipts and expenditure
  • the funds of the band, including all donations, contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the band at such bank as the executive Committee shall from time to time decide.
  • all cheques drawn on the account must be signed for by at least two members of the Executive Committee.
  • the funds belonging to the band shall be applied only in furthering the objectives.
  1. Property
  • subject to the provision of sub-clause (ii) of this clause, the Executive Committee shall cause the title to all investments held by or on behalf of the band to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the executive Committee at their pleasure and shall act in accordance with lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.
  • if a corporation entitled to act as custodian trustee has not been appointed to hold the property of the band, the Executive Committee may permit any investments held by or in trust for the band to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a member of the International Stock Exchange 9 or any subsidiary of such stockbroking company) as nominee reasonable and proper remuneration for acting as such.
  1. Accounts

The Executive Committee shall comply with the obligations under the Charities Act 1992 ( or any statutory re-enactment or modification of that Act) with regards to: 

  • the keeping of accounting records for the band.
  • the preparation of annual statements of accounts for the band
  • the auditing or independent examination of the statements of accounts for the band.
  1. Annual General Meeting
  • there shall be an annual general meeting of the band, which shall be held in the month of October in each year or as soon as practicable thereafter.
  • The Executive Committee shall call every annual general meeting. The secretary shall give at least 21 days notice of the annual general meeting to all members of the band. All members of the band shall be entitled to attend and to vote at the meeting.
  • before any other business is transacted the persons present shall appoint a chairperson for this meeting and the rest of the years Executive Committee meetings.
  • the Executive Committee shall present to each annual general meeting the report and accounts of the band for the preceding year.
  • Nominations for election to the Executive Committee must be made by members of the band in writing and must be in the hands of the secretary at least 14 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.
  1. Special General Meeting

The Executive Committee may call a special general meeting of the band at any time. If at least 10 members request such a meeting the secretary shall call a meeting. At least 21 days notice must be given. The notice must state the business to be discussed. 

  1. Procedure at General Meeting
  • the secretary or other person specially appointed by the Executive Committee shall keep a full record of the proceedings at every general meeting of the band.
  • there shall be a quorum when at least 10 members of the band are present at any general meeting.
  1. Status of the Musical Director

The Musical Director will be selected (by ballot if more than one  nomination) by the whole of the band.

The Musical Director shall have total control of all musical matters relating to the band.

The resignation of the Musical Director must be given in writing to the Chairperson.

The Musical Director can be removed from office only by calling a special meeting. The vote taken at that meeting must have a two-thirds majority to carry the motion. 

  1. Alterations to the Constitution

The Constitution may be altered by a resolution passed by not less than two-thirds of the members present, voting at a general meeting. 

  1. Dissolution

If the Executive Committee decides that it is necessary or advisable to dissolve the band it shall call a meeting of all members of the band, of which not less than 21 days notice ( stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have the power to realise any assets held by or on behalf of the band. Any assets remaining after the satisfaction of any property debts and liabilities shall be given or transferred to such other bands having objectives similar to the objectives of the band as the members may determine.

In the case of equipment obtained through a grant from any trust fund or charitable organisation they will be informed by the secretary of the situation relating to the dissolution and await their instructions on the relocation or  disposal of the equipment.

It will be the Executive Committee’s responsibility to ensure all such equipment is maintained and keep in a safe environment until it is disposed of as per the instructions of the grant providers. 

  1. Child Protection

In order to protect children and persons at risk the band has adopted a policy produced by the East Anglian Brass Band Association and the Suffolk Child Protection Committee called Child Protection and the Safeguarding of Tutors in Brass Bands. All band personal must abided by the code of practise outlined in this document. 

  1. Reason for revising the Constitution

In order to be able to apply for various grants our original set of rules had to be expanded and include a clause on the protection of children who are members or receive tuition from the band.  

This amended Constitution has been adopted on the date mentioned by the Greenall’s Brass Band members. 

Signed

 

…………………………………………….. Chair

…………………………………………….. Secretary

…………………………………………….. Treasurer