Constitution

Introduction

This document is the Governing Document of the Malvern Chase Brass Band. It may only be modified by the majority decision of a General Meeting. This version was agreed by the membership at the 2004 annual general meeting and has been approved by the Charity Commissioners. The document is dated "November 2004".

Title

The Band is called the "Malvern Chase Brass Band" and is referred to as the "Band" for the purposes of this document. It is registered with the Charity Commission as an educational charity (Number: 1048213).

Objectives

The object of the Band is to educate children (in particular those who are pupils of the Chase Technology College) and the public in the art of Brass Band Music, to further the development of public appreciation and taste in the said art and to assist and further other such charitable institutions and purposes as the Committee shall from time to time determine.

Activities of the Band

The objectives of the Band shall be achieved through:

1. Rehearsing music from the Brass Band repertoire through regular practices under the control of the Musical Director;
2. Training of learners (children and adults) on Brass instruments to enable them to join the Band as playing members;
3. Acquiring and maintaining a stock of Brass instruments for loan to playing members.
4. Providing a comprehensive library of Brass Band music;
5. Giving public concerts to gain wider appreciation of Brass Band music and raise money for Band instruments, equipment maintenance, and charities.

Management

Background. Historically the Band has been strongly associated with the former Chase High School (which has now become the Chase Technology College) but it has never been an official School or College activity. Many of the younger players are pupils at the College but the Band also has a number of adult players, some having past involvement with the School and College. Presently it has close ties with the Music Department and is fortunate to have the use of College facilities. However, it is managed independently and could, if necessary, continue to function without these links.

The Band shall be managed by an elected Committee who are responsible for all matters concerning the organisation, planning, operation and financing of the Band. These tasks include:

• Management of finances;
• Appointment of Musical Director and Deputy MD;
• Approval of new Band members;
• Fund-raising;
• Commitment of funds;
• Selecting charitable beneficiaries.

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 a bank as the Committee decides from time to time. All cheques drawn on the account for £200 or more shall be signed by at least two of the following officers of the Committee: the Chairman, the Treasurer and the Secretary. For sums less than £200, one signature shall be sufficient.

Funds belonging to the Band shall only be applied to furthering the objectives of the Band.

Membership

Any person having an interest in Brass Band music may apply for membership of the Band, either as a playing or non-playing (Associate) member. Applications for membership shall be considered by the Band Committee.

Before acceptance as full playing members, applicants must have attained an adequate playing standard and will usually be asked to pass a test.

Prior to reaching the level required for full playing members, players may be admitted as junior playing members and given extra coaching to reach the required standard for full playing members.

Assignment of players to sections within the Band shall be made by the Musical Director in consultation with the Band Committee in order to maintain an appropriate balance of numbers and abilities throughout all sections of the Band.

Associate members are supporters of the Band, usually parents or guardians of playing members.

Membership may be terminated by the Committee in extreme cases if a member persistently fails to observe the agreed Code of Conduct (See Section 6).

Code of Conduct

By applying for Band membership, players shall undertake to follow an agreed Code of Conduct in order to ensure effective operation of the Band and to present a professional image to the wider public. They agree to:

• Attend all Band practices and engagements at the appointed time unless prevented from doing so for a valid reason.
• Assist with setting up and tidying away music, stands and other Band equipment.
• Give the Musical Director their undivided attention and co-operation while rehearsing or playing. Refrain from talking and other distractions during practice.
• Dress in Band uniform for engagements and ensure that their instruments are cleaned, tuned and in good playing condition.
• Notify the appropriate Committee member of unavoidable absences as soon as possible.

Annual Subscription

Band members are required to pay an Annual Subscription. The Committee may waive this requirement in exceptional personal circumstances. The level of subscription is proposed by the Band Committee but shall be agreed at a General Meeting by a simple majority of members present.

Subscriptions are due within four weeks following the AGM.

Money raised by subscriptions shall be used for the purchase and maintenance of instruments and music.

Band Committee

The Committee shall consist of at least eight (but not more than twelve) Band members over the age of 18, of whom at least two thirds shall be playing members. All members of the outgoing Committee shall retire before the AGM but are eligible for re-election at the AGM.

The officers of the Committee are Chairman, Vice-Chairman, Secretary and Treasurer. They shall be appointed from within the elected Committee by mutual agreement. A quorum for meetings shall be four Committee members. In addition, up to two playing members outside the Committee may be invited to attend as advisors in a non-voting capacity.

The Musical Director shall be encouraged to interact with the Committee and participate in its meetings but does not have voting rights. The post does not carry management responsibilities other than those connected with the musical development of the Band.

A Players Representative shall be elected by the playing members of the Band to act as a point of contact between players and the Committee. Where the representative is not already a member of the Committee, he or she is entitled to attend Committee meetings but in a non-voting capacity.

The Committee shall meet at least six times a year, usually at monthly intervals presently on the first Tuesday of each month. Minutes of meetings shall be kept by the Secretary and are available for inspection, except that the Committee reserves the right not to disclose notes relating to personal or confidential matters. The Treasurer shall submit a statement of financial accounts for consideration by the Committee and prepare audited accounts for publication and consideration at the AGM. All decisions of the Committee shall be by majority vote of the members present. In the event of a tie, the Chairman shall have a second or casting vote.

The Committee may appoint sub-Committees to carry out specific tasks, or to provide advice on particular issues, where it feels they may be of benefit. Authority of the sub-Committees is governed by the Committee, to whom they report. Band funds may be spent only on the authorisation of the Committee.

Musical Director

The Musical Director shall be appointed by the Committee after consultation with the playing membership of the Band at a Special General Meeting. It is the responsibility of the Committee to invite suitably qualified musicians to apply for the post. The appointment may be terminated either by resignation or by a majority vote of playing members at a Special General Meeting called to consider the issue.

A Deputy Musical Director shall be appointed by the Committee whose role is to undertake leadership of the Band in the absence of the Musical Director.

The Committee shall decide the musical policy of the Band but the Musical Director (or his Deputy) shall have full authority regarding the implementation of that policy, including the conduct of rehearsals and preparation for concerts.

Annual General Meeting

An Annual General Meeting shall be held once a year, normally during October.

The agenda shall include reports by the Chairman, Treasurer and Musical Director, and the election of the new Committee.

Any motions (including changes to this document) for discussion at the AGM shall be submitted to the Secretary in writing at least seven days before the meeting.

Nominations for Committee members shall be proposed and seconded by full playing members of the Band and submitted to the Secretary at least one week in advance of the AGM. Candidates for the Committee are eligible only when they have been Band members for at least 12 months. If more than twelve nominations are received, the Chairman shall hold a ballot at the AGM to select twelve Committee members from the candidates. Any vacancies that occur during the year shall be filled at the discretion of the Committee.

All members over the age of 18 are entitled to vote at the AGM. A quorum for an AGM shall be twelve persons, including at least six persons not in the outgoing Committee. Decisions shall be by majority vote of those members present and entitled to vote at the AGM.

Extraordinary or Special General Meetings

The Committee shall call a Special General Meeting of the Band if at least ten full playing members request such a meeting, stating in writing the issues they wish to be considered. The Secretary shall give at least 21 days notice and inform members of the purpose of the meeting. No topics other than those set out in the Secretary's notice shall be on the agenda.

Amendments to the Constitution

The Constitution may be altered by a resolution passed by not less than two thirds of playing members present and voting at a general meeting. The calling notice for the general meeting shall state the resolution to be discussed, setting out the terms of the alterations proposed.

Any proposed alterations to Clause 1 (Title), Clause 2 (Objectives) or Clause 13 (Dissolution) must have prior consent in writing of the Charity Commission before they can take effect. No amendment shall be made that would have the effect of making the Band ineligible as a charity at law.

The Committee shall promptly send the Charity Commission a copy of any amendments made under this clause.

Dissolution Clause

In exceptional circumstances the Committee could conclude that it was necessary or advisable to dissolve the Band. To do so, it shall call a meeting of all members of the Band, giving at least 21 days notice and stating the resolution to be proposed (See Clause 11).

If the resolution is confirmed by a two-thirds majority of those present and voting, the Committee shall have power to realise the assets held by, or on behalf of, the Band. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given to, or transferred to, such other charitable institution or institutions having objectives similar to those of the Band as the members of the Band shall determine, or failing that be applied for some other charitable purpose.

A copy of the statement of accounts for the final accounting period shall be sent to the Charity Commission.