Revision III of: The Constitution of the Hangleton Band
Title
1. The name of the band shall be HANGLETON BAND (‘the Band'). The Band shall consist of a senior section (‘the Senior Band') and a youth section (‘the Youth Band').
Administration
2. Subject to the matters set out below the Band and its property shall be administered and managed in accordance with this constitution by the members of the executive committee constituted by clauses 10 - 12 of this constitution (‘the Committee').
Objects
3. The object of the Band shall be to promote, improve, develop and maintain public education in and appreciation of the art and science of music in particular brass band music by the presentation of public concerts and recitals and by such other ways as the Band through its Committee shall determine from time to time.
Powers
4. In furtherance of the objects but not otherwise the Committee may exercise the following powers:
4.1 Power to raise funds and to invite and receive contributions, donations, grants in aid and financial guarantees provided that in raising funds the Committee shall not undertake any substantial permanent trading activities and shall conform to any requirements of the law.
4.2 Power to offer for sale and to sell tickets for any concerts and other events to the public.
4.3 Power to enter contracts for the provision of concerts by the Band.
4.4 Power to buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use.
4.5 Power subject to any consents required by law to sell, lease, or dispose of all or any part of the property of the Band
4.6 Power subject to any consents required by law to borrow money and to charge all or any property of the Band with repayment of the money so borrowed.
4.7 Power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them.
4.8 Power to make rules governing the day to day operation of the Band including (without prejudice to the generality) rules governing:
4.8.1 the allocation, safekeeping, and maintenance of instruments owned by the Band;
4.8.2 the attendance of playing members of the Band at rehearsals, contests and concerts: and
4.8.3 the conduct of playing members whilst at rehearsals, contests and concerts.
4.9 Power to do all such other lawful things as are necessary for the achievement of the objects.
Membership
5. Membership of the Band shall consist of playing members of the Band including the Musical Directors of the Senior Band and the Youth Band (the ‘Playing Members') and associate members being either parents or guardians of playing members aged 14 years or younger or paid up members of the supporters club constituted by clause 38 of this constitution (the ‘Associate Members') provided that the Committee shall have the right to exclude any person:
5.1 with good reason from being a Playing Member;
5.2 without reason from being an Associate Member;
and members of the Band must abide by this constitution and by the rules and regulations made by the Committee.
Playing Members
6. Playing Membership shall be open to the following persons who satisfy the Musical Director for the time being of the Senior Band or the Youth Band (as appropriate) of their actual or potential musical ability and enthusiasm:
6.1 Persons ages 16 years or under regardless of musical experience;
6.2 Persons aged 17 years and over who have relevant experience of playing either a brass band instrument or percussion equipment.
7. The Musical Director for the time being of the Senior Band or Youth Band (as appropriate) shall have absolute discretion in deciding which Playing Members shall take part in or present any rehearsal, concert, recital or contest on behalf of the Band
Non-discrimination
8. The Band shall not refuse playing or associate membership on the grounds of race, ethnic origin, religion, sex or disability.
Officers
9. At the annual general meeting of the Band the members shall elect from amongst themselves:
9.1 A manager for the Senior Band (the ‘Band Manager');
9.2 A manager for the Youth Band (the ‘Youth Band Manager');
9.3 A treasurer (the ‘Treasurer');
who shall hold office from the conclusion of that meeting.
The Committee
10. The Committee shall consist of:
10.1 The officers mentioned in clause 9; and
10.2 Not less than three and not more than five Playing Members aged fifteen or over elected at the annual general meeting who shall hold office from the conclusion of that meeting; provided that no Playing Member shall be eligible for election to the Committee until he or she has been a Playing Member of the Band for six months,
11. The Musical Directors of the Senior Band and the Youth Band shall be appointed by the Committee and shall be entitled to receive notice of, attend, and vote at all Committee meetings.
12. The Committee may in addition appoint the following co-opted members:
12.1 A person appointed by the Committee as Chairperson of the supporters club;
12.2 A member who takes responsibility for publicising the Band and Band activities including concerts, recitals and contests (the ‘Publicity Officer');
12.3 Not more than two other members.
13. All the members of the committee shall retire from office together at the end of the annual general meeting next after the date on which they came into office but they may be re-elected or re-appointed.
Determination of Membership of Committee
14. A member of the committee shall cease to hold office if he or she:
14.1 Is disqualified by virtue of section 45 Charities Act 1992 or any statutory re-enactment or modification of that provision; or
14.2 Becomes incapable by reason of mental disorder, illness or injury of managing or administering his or her own affairs; or
14.3 Notifies the Committee a wish to resign (but only if at least three members of the Committee will remain in office when the notice of resignation is to take effect).
Meetings of the Committee
15. The Committee shall hold at least four ordinary meetings each year. A special meeting may be called at any time by any two members of the Committee upon not less that seven days notice being given to the Committee members.
16. The Committee shall appoint one of their members to act as chairperson at meetings of the Committee and another to keep a record of the proceedings.
17. There shall be a quorum when at least five members of the Committee are present of which at least three must be either honorary officers or elected members.
18. Every matter shall be determined by a majority of votes of the members of the Committee present and voting on the question but in the case of equality of votes the chairperson shall have a second or casting vote.
19. The Committee may appoint one or more sub-committees consisting of one or more members of the Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Committee would be more conveniently 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 Committee.
Receipts and Expenditure
20. The funds of the Band including all donations, contributions and bequests shall be paid into an account operated by the Committee in the name of the Band at such bank or building society as the Committee shall from time to time decide. All cheques drawn on the account must be signed by at least two members of the Committee.
21. The funds belonging to the Band shall be applied only in furthering the objects.
Management
22. All the arrangements for the concerts and other events and the control of finance shall be in the hands of the Committee.
23. No member of the Committee shall acquire any interest in property belonging to the Band (otherwise than as a holding trustee for the Band) or receive remuneration or be interested (otherwise than as a member of the Committee) in any contract entered into by the Committee except as follows:
23.1 The Musical Directors of the Senior Band and the Youth Band shall be entitled to receive such remuneration as the Committee shall from time to time agree with them for the performance of their duties as Musical Directors;
23.2 All Committee members shall be entitled to reimbursement of expenses reasonably incurred on behalf of the Band;
Property
24. Subject to the provisions of clause 24.2:
24.1 The Committee shall cause the title to:
24.1.1 all land held by or in trust for the Band which is not vested in the Official Custodian for Charities; and
24.1.2 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 Committee at their pleasure and shall act in accordance with the lawful directions of the Committee. Provided they may act only in accordance with the lawful directions of the Committee, the holding trustees shall not be liable for the acts and defaults of its members.
24.2 If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the Band, the 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 (or any subsidiary of any such stockbroking company) as nominee for the Committee, and may pay such nominee reasonable and proper remuneration for acting as such.
Accounts, Report and Return
25. The Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment of modification of that Act) with regard to:
25.1 The keeping of accounting records for the Band;
25.2 The preparation of annual statements of account for the Band;
25.3 The auditing or independent examination of the statements of account of the Band;
25.4 The transmission of the statements of account of the Band to the Commissioners;
25.5 Insofar as may be required the preparation of an annual report and annual report and its transmission to the Commissioners;
Annual General Meeting
26. There shall be an annual general meeting of the Band which shall be held in the month of May in each year or as soon as practicable thereafter.
27. The annual general meeting shall be called by the Committee. Fourteen days notice shall be given to all members entitled to attend and vote at the meeting.
28. Before any other business is transacted the persons present shall appoint a chairperson of the meeting and a person to keep a record of proceedings.
29. The Treasurer shall present to each annual general meeting the accounts of the Band for the preceding financial year
30. Nominations for election to the Committee must be made by members of the Band in writing and must be in the hands of the Band Manager prior to the meeting commencing. Should nominations exceed vacancies, election shall be by ballot.
Special General Meeting
31. The Committee may call a special general meeting of the Band at any time. If at least ten members entitled to vote request such a meeting in writing stating the business to be considered the Band Manager shall call such a meeting. In either case fourteen days notice shall be given to all members entitled to attend and vote at the meeting.
Procedure at General Meetings
32. There shall be a quorum when at least ten members entitled to vote are present at any general meeting.
33. All members are entitled to attend any general meeting and to be heard on any item of business transacted at the meeting.
34. Playing Members shall have the following voting rights.
34.1 Each Playing Member aged fifteen years or over shall have one vote which they are entitled to cast themselves.
34.2 Each Playing Member aged fourteen years or younger shall have one vote which may only be cast by a parent or guardian on their behalf.
35. Associate Members shall have no entitlement to vote save where casting a vote pursuant to clause 34.2.
Alterations to Constitution
36. Subject to the following provisions of this clause:
36.1 The Constitution may be altered by a resolution passed by not less than two thirds of the Playing Members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed. The Committee should promptly send to the Commissioners a copy of any amendment made under this clause.
36.2 No amendment may be made to clauses 1 (the name of the Band), 3 (the objects clause), 23 (Committee members not to be personally interested in contracts), or 37 (the dissolution clause) without the prior consent in writing of the Commissioners.
36.3 No amendment may be made which would have the effect of making the Band cease to be a charity at law.
36.4 All matters not provided for in the Constitution shall be dealt with by the Committee at their discretion and, if considered by the Committee to be of importance, may be referred to the Playing Members at any rehearsal night for confirmation or settlement by the members then present.
Dissolution
37. The Band shall not be dissolved so long as there are nine Playing Members opposed to that course. In the event of the winding up or dissolution of the Band 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 Band as the members of the Band may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts or account and statement, for the final accounting period of the Band, must be sent to the Commissioners
Supporters Club
38. The Committee and the Playing Members shall encourage the formation of a supporters club subject to the following conditions:
38.1 Membership of the supporters club shall be open to any person interested in the Band who pays an annual subscription determined by the Committee;
38.2 The Committee shall have the right to exclude any person from being a member of the supporters club without reason;
38.3 Where a supporters club is established the Committee shall appoint one of its number to be Chairperson (pursuant to clause 12.1);
38.4 The Committee shall encourage the formation of a fund raising committee from the members of the supporters club which shall be constituted as a sub committee in accordance with clause 19 and the Chairperson of the supporters club shall be responsible for reporting back to the Committee.
This constitution was adopted (subject only to the consent of the Commissioners) on Friday 9th October 1998 at the 20th Annual General Meeting of the Hangleton Band upon the unanimous approval of the members of the Band there attending and replaces the previous constitution adopted on 16th June 1989.
