Rhyl Youth Marching Band
Constitution
Adopted on the 19th day of
February 2004
Note 1: Footnotes are
for explanation only and do not form part of the Constitution
Note
2: Paragraphs marked ‡
are substantially in line with the Charity Commission Model Constitution
‡The name of the Association is Rhyl Youth Marching Band
.
‡The Objects of the Association are:
(1)
To provide a facility for young and other persons
to participate in and improve their performance of live music, especially that
of a wind band
(2)
To provide a facility for young and other
persons to participate in and improve their performance of stylised movement to
live music, especially that of a marching band
(3)
To provide on loan suitable instruments and clothing where
appropriate for the above activities
(4)
To provide basic tuition
where appropriate for the above activities
(5)
To provide suitable premises where appropriate for the above
activities
(6)
To promote the development of musical, movement and other
personal skills by participation in concerts, competitions, parades and other
activities
(7)
To promote the activities and aims of the Association by
co-operating with schools and other organisations
(8)
To promote the activities and aims of the Association to the
public at large
C.
Administration
(1)
‡Subject to the matters set out below, the Association and its
property shall be administered and managed in accordance with this Constitution
by the members of the Executive Committee, constituted by clause I.
(2)
The day to day running of the Association shall be administered
by the Honorary Officers, constituted by clause
E.
(3)
The financial year for the Association shall commence on 1st
January or a date determined from time to time by the Executive Committee.
D.
Membership
(1)
‡Full Membership of the Association shall be open to any person
over the age of 18 years interested in furthering the Objects and who has paid
the subscription laid down from time to time by the Executive Committee.
(2)
Junior Membership of the Association shall be open to any person
between the ages of 10 and 18 years interested in furthering the Objects and
who has paid the subscription laid down from time to time by the Executive
Committee. Junior Membership may be offered to a person under the age of 10
years only at the discretion of the Bandmaster.
(3)
Junior Members may nominate as a Proxy
to vote or stand for office on their behalf a person aged over 18 years
interested in furthering the Objects and who need not be a member of the
Association. A Proxy may not represent more than one Junior Member.
(4)
Members may join or leave at any time during the year and
subscriptions will only be due in proportion to the period of actual
membership.
(5)
At the Annual General Meeting of the Association the members may
elect as Honorary Members a number of persons over the age of 18 years
interested in furthering the Objects and who need not currently be members of
the Association, but so that no-one may be so elected if, as a result, more
than one-third
of the membership of the Association would be Honorary Members. Honorary
Members may include but are not limited to persons having long-standing
connections with the Association.
(6)
Elected Honorary Membership shall commence from the end of the
meeting and shall cease at the end of the Annual General Meeting next after the
date on which it was conferred but it may be renewed.
(7)
Honorary Membership shall be free of subscription.
(8)
‡Every Full Member, Honorary Member or Proxy shall have one vote.
(9)
‡The Executive Committee may by unanimous vote and for good
reason terminate or refuse the membership of any individual: provided that the
individual concerned shall have the right to be heard by the Executive
Committee, accompanied by a friend, before a final decision is made.
E.
Honorary
Officers
At the Annual General Meeting of the Association the members
shall elect a number of persons over the age of 18 years interested in
furthering the Objects and who need not currently be members of the
Association, who shall hold (unpaid) Honorary Office from the conclusion of
that meeting. The Honorary Officers shall, as a minimum, be Bandmaster and
Musical Director, and may include but are not limited to a President and other
regular unpaid Instructors. Honorary Officers shall automatically be granted
Honorary Membership of the Association for the duration of their appointment.
The Bandmaster is responsible for:
(1)
Discipline of members at practices and performances and at all
times when members are wearing Association uniform or are otherwise
representing the Association
(2)
Booking of performances and other activities
(3)
Engraving, display, safe keeping, and return of trophies
(4)
Purchase and maintenance of instruments, in consultation with the
Musical Director
(5)
Purchase and maintenance of supplied clothing
(6)
Hire of venues and transportation
(7)
Arrangement of comprehensive and third party liability insurance
G.
Responsibilities
of the Musical Director
The Musical Director is responsible for:
(1)
Selection and provision of appropriate music for all practices
and performances
(2)
Assessment of the musical abilities of the members and their
placement within the band
(3)
Provision of appropriate instrumental musical training
(4)
Development of musicianship of the members
(5)
Organisation and maintenance of a music library
H.
Executive
Officers
‡At the Annual General Meeting of the Association the members
shall elect a Chairman, a Secretary and a Treasurer interested in furthering
the Objects and who need not currently be members of the Association and who
shall hold (unpaid) Executive Office from the conclusion of that meeting.
I.
Executive
Committee
(1)
‡The Executive Committee shall consist of not less than
5 members nor more than 7 members being:
(a)
the Executive Officers specified in clause
H;
(b)
the Bandmaster and Musical Director specified in clause E;
(c)
not more than 2 persons interested in furthering the Objects
and who need not currently be members of the Association elected at the Annual
General Meeting who shall hold office from the conclusion of that meeting
(2)
‡The Executive Committee may in addition appoint not more than
3 co-opted members but so that no-one may be appointed as a co-opted
member if, as a result, more than one-third of the members of the Executive
Committee would be co-opted members. Each appointment of a co-opted member
shall be made at a special meeting of the Executive Committee called under clause M(1) and shall take effect from the end of that meeting unless the appointment is to fill a place which has not then been vacated in which case the appointment shall run from the date when the post becomes vacant.
(3)
‡All the members of the Executive 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. Members
of the Executive Committee shall automatically be granted Honorary Membership
of the Association for the duration of their appointment.
(4)
‡The proceedings of the Executive Committee shall not be invalidated
by any vacancy among their number or by any failure to appoint or any defect in
the appointment or qualification of a member.
(5)
‡Nobody shall be appointed as a member of the Executive Committee
who is aged under 18 or who would if appointed be disqualified under the
provisions of clause I(6).
(6)
‡No person shall be entitled to act as a member of the Executive
Committee whether on a first or on any subsequent entry into office until after
signing in the minute file of the Executive Committee a declaration of
acceptance and of willingness to act in the trusts of the Association.
J.
Powers
of the Executive Committee
‡In furtherance of the Objects but not otherwise the
Executive Committee may exercise the following powers:
(1)
‡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;
(2)
‡power to buy, take on lease or in exchange any property
necessary for the achievement of the Objects and to maintain and equip them for
use;
(3)
‡power subject to any consents required by law to sell, lease or
dispose of all or any part of the property of the Association;
(4)
‡power subject to any consents required by law and to prior
approval at a General Meeting of the Association to borrow money and to charge
all or any part of the property of the Association with repayment of the money
so borrowed;
(5)
‡power to engage such self-employed professional instructors
(who shall not be members of the Executive Committee) as are necessary for the
proper pursuit of the Objects;
(6)
‡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;
(7)
‡power to establish or support any charitable trusts,
associations or institutions formed for all or any of the Objects;
(8)
‡power to appoint and constitute
such advisory committees
as the Executive Committee may think fit; in particular, there shall be a Band
Committee representative of the wishes of the performing members of the
Association;
(9)
power to appoint mid-term Honorary Members (including Honorary
Officers if a position should be or become vacant) provided that such
appointments shall not be renewed unless approved by the members at the
following Annual General Meeting;
(10)
power to formulate and amend with immediate effect Rules for the
day to day conduct of the Association provided that such Rules and amendments
shall not be renewed unless approved by the members at the following Annual
General Meeting;
(11)
‡power to do all such other lawful things as are necessary for
the achievement of the Objects.
K.
Determination
of Membership of Executive Committee
‡A member of the Executive Committee shall cease to hold
office if he or she:
(1)
‡becomes incapable by reason of mental disorder, illness or
injury of managing and administering his or her own affairs;
(2)
‡is absent without the 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; or
(3)
‡notifies to the Executive Committee a wish to resign (but only
if at least three members of the Executive Committee will remain in office when
the notice of resignation is to take effect).
(1)
‡No member of the Executive Committee shall acquire any interest
in property belonging to the Association (otherwise than as a trustee for the
Association) or receive remuneration or be interested (otherwise than as a
member of the Executive) in any contract entered into by the Executive
Committee.
M.
Meetings
and proceedings of the Executive Committee
(1)
‡The Executive Committee shall hold at least four ordinary
meetings each year. A special meeting may be called at any time by the chairman
or by any two members of the Executive Committee upon not less than 4 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 or
Honorary Member then not less than 21 days’ notice must be given.
(2)
‡The Chairman shall act as chairman at meetings of the Executive
Committee. If the Chairman is absent from any meeting, the members of the
Executive Committee present shall choose one of their number to be chairman of
the meeting before any other business is transacted.
(3)
‡There shall be a quorum when at least one-third of the number of
members of the Executive Committee for the time being or three members of the
Executive Committee, whichever is the greater, are present at a meeting.
(4)
‡Every matter shall be determined by a majority of votes of the
members of the Executive Committee present and voting on the question but in
the case of equality of votes the chairman of the meeting shall have a second
or casting vote.
(5)
‡The Executive Committee shall keep minutes, in a file kept for
the purpose, of the proceedings at meetings of the Executive Committee and any
sub-committee.
(6)
‡The Executive Committee may from time to time make and alter
rules for the conduct of their business, the summoning and conduct of their
meetings and the custody of documents. No rule may be made which is
inconsistent with this constitution.
N.
Receipts
and expenditure
(1)
‡The funds of the Association, including all donations
contributions and bequests, shall be paid into an account operated by the
Executive Committee in the name of the Association at such bank as the Executive
Committee shall from time to time decide. All cheques drawn on the account must
be signed by at least two members of the Executive Committee.
(2)
‡The funds belonging to the Association shall be applied only in
furthering the Objects.
O.
Property
(1)
‡Subject to the provisions of sub-clause
O(2) of this clause, the Executive Committee shall cause the title to:
(a)
all land held by or in trust for the Association; and
(b)
all investments held by or on behalf of the Association;
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 the
lawful directions of the Executive Committee. Provided they act only in
accordance with the lawful directions of the Executive Committee, the holding
trustees shall not be liable for the acts and defaults of its members.
(2)
‡If a corporation entitled to act as custodian trustee has not
been appointed to hold the property of the Association, the Executive Committee
may permit any investments held by or in trust for the Association 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 Executive Committee, and may pay
such a nominee reasonable and proper remuneration for acting as such.
P.
Accounts
‡The Executive Committee shall comply with standard good
practice with regard to:
(1)
the keeping of accounting records for the Association;
(2)
the preparation of annual statements of account for the
Association; and
(3)
the auditing or independent examination of the statements of
account of the Association;
Q.
Annual
Report
‡The Executive Committee shall comply with standard good
practice with regard to the preparation of an annual report.
R.
Annual
General Meeting
(1)
‡There shall be an Annual General Meeting of the Association
which shall be held in the month of April in each year or as soon as
practicable thereafter.
(2)
‡Every Annual General Meeting shall be called by the Executive
Committee. The secretary shall give at least 21 days’ notice of the Annual
General Meeting to all the members of the Association. All the members of the
Association shall be entitled to attend and vote at the meeting as defined in clause D(8).
(3)
‡The Executive Committee shall present to each Annual General
Meeting the report and accounts of the Association for the preceding year.
(4)
‡Nominations for election to the Executive Committee, Honorary
Officers and Honorary Members must be made in writing, signed by the proposer, seconder
and the nominee (indicating a willingness to stand), and must be in the hands
of the Secretary of the Executive Committee at least 14 days before the Annual
General Meeting. Should nominations in any case exceed vacancies, election shall
be by ballot. Unopposed nominations shall require approval by voting. Should
advance nominations for any of the positions not be forthcoming or none of the
nominees for a position be elected, verbal nominations for those positions
only, duly seconded, of willing nominees may be made at the Annual General
Meeting from among those present.
S.
Special
General Meetings
‡The Executive Committee may call a Special General Meeting
of the Association at any time. If at least ten members or one-fifth of the
number of members of the Association for the time being, whichever is the
smaller, request such a meeting in writing stating the business to be
considered the Secretary shall call such a meeting. At least 21 days’ notice
must be given. The notice must state the business to be discussed.
T.
Procedure
at General Meetings
(1)
The Chairman of the Executive Committee shall be the chairman of
the General Meeting, but if he or she is not present, the persons present shall
appoint a chairman of the meeting before any other business is transacted.
(2)
‡The Secretary or other person specially appointed by the
Executive Committee shall keep a full record of proceedings at every General
Meeting of the Association.
(3)
‡The Secretary or other person specially appointed by the
Executive Committee shall keep a full record of proceedings at every General
Meeting of the Association.
(4)
‡There shall be a quorum when at least one-fifth of the number of
members of the Association for the time being or fifteen members of the
Association, whichever is the greater, are present at any General Meeting.
(5)
Every matter shall be determined by a majority
of votes of the members of the Association present and voting on the question
but in the case of equality of votes the chairman of the meeting shall have a
second or casting vote.
U.
Notices
‡Any notice required to be served on any member of the
Association shall be in writing and shall be served by the Secretary or the
Executive Committee on any member either personally or by sending it through
the post in a prepaid letter addressed to such member at his or her last known
address in the United Kingdom, and any letter so sent shall be deemed to have
been received within 10 days of posting.
(1)
‡Subject to the following provisions of this clause the
Constitution may be altered by a resolution passed by not less than two-thirds
of the 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.
(2)
‡No amendment may be made which would have the effect of making
the Association cease to be an Association at law.
‡If the Executive Committee decides that it is necessary or
advisable to dissolve the Association it shall call a meeting of all members of
the Association, 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 power to realise any assets held by or on behalf of the Association. Any
assets remaining after the satisfaction of any proper debts and liabilities
shall be given or transferred to such other desirably charitable institution or
institutions having objects similar to the Objects of the Association as the
members of the Association may determine or failing that shall be applied for
some other charitable purpose.
X.
Arrangements
until first Annual General Meeting
‡Until the first Annual General Meeting takes place this
Constitution shall take effect as if references in it to the Executive
Committee were references to the persons whose signatures appear at the bottom
of this document.
‡This constitution was adopted on the date mentioned above by
the persons whose signatures appear at the bottom of this document.
Signed Helena Davies
(Chairman)
Signed Jean
Johnson (Secretary)
Signed Susan Sherriff (Treasurer)
Signed Jeff
Johnson (Bandmaster)
Signed Nicholas Coope (Musical
Director)