Band Constitution | Ottery St Mary Silver Band

Title
1. The name of the band shall be the OTTERY ST MARY SILVER BAND (‘the 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 band committee constituted by clauses 10 – 13 of this constitution (‘the Committee’).

Objects
3. The object of the Band shall be to promote, improve, develop and maintain public education in 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 voluntary bodies and statutory authorities operating in furtherance of the objects or of similar 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
5.1 Membership of the Band shall consist of playing members of the Band including the Musical Director(s) (the ‘Playing Members’) and associate members being either parents or guardians of playing members aged 16 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:

5.2 with good reason from being a Playing Member;

5.3 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 all persons who satisfy the Musical Director(s) for the time being of the of their actual or potential musical ability and enthusiasm.

The Musical Director for the time being of the Band 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

Annual Subscription

8.1 The annual subscription for Playing Members shall be such amount as shall be recommended by the Committee and subsequently approved at a General Meeting by a simple majority of the Members present and entitled to vote.

8.2 A reduced annual subscription may be determined for Playing Members who are students in full-time education or who are aged at least 60 years and have retired from full-time employment.

8.3 Annual subscriptions shall become due on the 1st of May each year.

8.4. Any Playing Member who has not paid the annual subscription within two months of a due date shall be considered in arrear. The Committee, on receiving information that any Playing Member is unable to pay the annual subscription owing to unemployment or other good cause, may, at its discretion, excuse payment or determine a reduced subscription for such period as it thinks fit.

Non-discrimination
9. The Band shall not refuse playing or associate membership on the grounds of race, ethnic origin, religion, gender or disability.

Officers
10. At the annual general meeting of the Band the members shall elect from amongst themselves

10.1 A Chairperson (the ‘Chairperson’)

10.2 A Secretary (the ‘Secretary’)

10.3 A Band Treasurer (the ‘Treasurer’);

10.4 The Committee as defined at paragraph 11.2 below

who shall hold office from the conclusion of that meeting.

The Committee

The Committee shall consist of:

11.1 The officers mentioned in clause 10 and

11.2 Five Playing Members aged sixteen 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,

The Musical Director(s) shall be appointed by the Committee and shall be entitled to receive notice of, and attend (but not vote) at all Committee meetings.

The Committee may in addition appoint up to a total of three co-opted members:

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

15.1 Becomes incapable by reason of mental disorder, illness or injury of managing or administering his or her own affairs; or

15.2 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
16. 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.

The Committee shall appoint one of their members to keep a record of the proceedings.
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.
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.
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
21. 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.

The funds belonging to the Band shall be applied only in furthering the objects.

Management
23. All arrangements for concerts and other events and the control of finance shall be in the hands of the Committee.

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:

24.1 The Musical Director(s) 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;

24.2 All Committee members shall be entitled to reimbursement of expenses reasonably incurred on behalf of the Band;

Annual General Meeting
25. There shall be an annual general meeting of the Band which shall be held in the month of April in each year or as soon as practicable thereafter.

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.

The Treasurer shall present to each annual general meeting the accounts of the Band for the preceding financial year

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 Secretary prior to the meeting commencing. Should nominations exceed vacancies, election shall be by ballot.

Special General Meeting
29. 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 Secretary 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
30. There shall be a quorum when at least ten members entitled to vote are present at any general meeting.

All members are entitled to attend any general meeting and to be heard on any item of business transacted at the meeting.

Playing Members shall have the following voting rights.

32.1 Each Playing Member aged sixteen years or over shall have one vote which they are entitled to cast themselves.

32.2 Each Playing Member aged fifteen years or younger shall have one vote which may only be cast by a parent or guardian on their behalf.

Associate Members shall have no entitlement to vote save where casting a vote pursuant to clause 32.2.

Alterations to Constitution
34. Subject to the following provisions of this clause:

35 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..

36 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 organisation 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.

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 13);

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 20 and the Chairperson of the supporters club shall be responsible for reporting back to the Committee.