Harrogate Band Constitution


Issue VI
Amended 29th May 2013

1. TITLE

The organization shall be called "The Harrogate Band", hereinafter called the Band.

2. OBJECTS

To educate the public in the Musical Arts and, in particular, the art of brass band playing and to further the development of public appreciation and taste in the said art by the presentation of concerts and other activities.

3. FINANCE

The financial year shall end on 31st March each year.

  1. The funds of the Band shall be kept in bank or building society accounts approved by the Executive Committee.
  2. The Band may receive donations, grants in aid and financial guarantees and may levy charges for its services. Tickets for all or any of the Band's concerts and other events may be offered for sale to the public.
  3. The income of the Band, whencesoever derived, shall be applied solely toward promoting the objects of the Band and no portion thereof shall be paid or transferred, either directly or indirectly, to any member or members of the Band, except in payment of legitimate expenses incurred on behalf of the Band. This rule shall not prevent the payment of a reasonable and proper remuneration to any member, officer or servant of the Band.
  4. Cheques shall be signed by any two of the following officers of the Band: Chairman, Treasurer, Secretary.
  5. All expenditure shall be authorised by the Executive Committee.
  6. The audited accounts of the Band shall be prepared annually for each financial year and be submitted to the Annual General Meeting for approval.

4. MEMBERSHIP

It is the policy of The Harrogate Band that all persons shall have equal opportunity for membership of the Band. The Band welcomes applications for membership and participation in its activities from any individual regardless of age, sex, sexual orientation, race, belief, or physical or mental disability.

The Executive Committee may, at its discretion, grant Full Membership of the Band to:

  1. The Honorary President
  2. the Musical Director and Assistant Musical Director
  3. players
  4. non-players who regularly participate in the administration and activities of the Band provided that the number of non-players admitted to membership shall not result in them being a significant proportion of the total number of Full Members.
The Executive Committee may, at its discretion, grant Life Membership to any Full Member of the Band who has rendered special service to the Band and has completed at least 15 years Full Membership. Life Members shall be entitled to all the rights and privileges of Full Membership.

The Executive Committee may, at its discretion, grant Honorary Life Membership to any person who has rendered exceptional service to the Band or the brass band movement. Honorary Life Membership would not confer Full Membership of the Band.

The Executive Committee may at its discretion grant Associate Membership of the Band to:

  1. players who have ceased regular playing
  2. persons who support or participate in the activities of the Band.

Associate Members shall be entitled to attend General Meetings but shall not be eligible to hold office, to propose or second candidates for office or to vote on any agenda item. They shall be subject to such special regulations as the Executive Committee may from time to time make regarding Associate Members.

The formerly elected Honorary Members and Associate Musical Directors of the Band shall be transferred to the grade of Associate Member.

Membership of the Band may be terminated by:

  1. expulsion by the Executive Committee
  2. resignation
according to the Rules of Membership.

The Secretary shall maintain registers of the names and addresses of Full Members and of Associate Members.

5. ANNUAL SUBSCRIPTION

  1. The Annual Subscription for Full Members shall be such amount as shall be recommended by the Executive Committee and subsequently approved at a General Meeting by a simple majority of the Full Members present and entitled to vote.
  2. A reduced Annual Subscription may be determined for Full Members who are students in full-time education or who are aged at least 60 years and have retired from full-time employment. The Honorary President, Musical Director, Assistant Musical Director, Life Members and Associate Members shall not be required to pay an Annual Subscription.
  3. Annual Subscriptions shall become due on the 1st of April each year. Payment may be made in four equal instalments, of ¼ of the Annual Subscription, due on 1st April, 1st July, 1st October and 1st January.
  4. Any Full Member who has not paid his Annual Subscription, or instalment thereof, within two months of a due date shall be considered in arrear.
  5. The Executive Committee, on receiving information that any Full Member is unable to pay his 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.
  6. If a new member joins within 4 months of the start of the financial year then the full subscription for that year will be payable.. If a new member joins more than 4 months after the start of the financial year their first subscription payment will be due at the start of the following financial year.
  7. A reduced Annual Subscription may be determined for Full Members who pay their Annual Subscription in full within two months of the due date. The reduction, which shall not exceed 10% of the full subscription payable, shall be recommended by the Executive Committee and subsequently approved at a General Meeting.

6. ANNUAL GENERAL MEETING

The Business Year shall be 1st April to 31st March and the Annual General Meeting shall be held before 30th June. The business to be transacted at the Annual General Meeting shall be:

  1. to approve the minutes of the last Annual General Meeting and any Extraordinary General Meeting(s) and deal with matters arising therefrom
  2. to receive from the Executive Committee the Annual Report on the year's working
  3. to receive the Statement of Accounts for the previous year
  4. to elect the Honorary President and all officers and Executive Committee members for the ensuing year, (candidates for election must be proposed and seconded by Full Members of the Band).
  5. to appoint the Auditor, (Officers and Executive Committe Members shall be excluded from appointment as Auditor. The Auditor shall be allowed access to all books and records)
  6. to transact any other business relating to the affairs of the Band of which at least 14 days notice has been given and which has been included in the agenda
  7. to transact, at the Chairman's discretion, any other business relating to the affairs of the Band.

Nine Full Members, who are present in person, shall form a quorum.

The Secretary shall give not less than 28 days notice of the date, time and place of such meeting, notification to be displayed in the band room. The full agenda shall be displayed in the band room for one week prior to the meeting.

7. EXTRAORDINARY GENERAL MEETING

An Extraordinary General Meeting shall be called by the Secretary in the following cases:

  1. upon the direction of the Executive Committee
  2. on a requisition signed by five Full Members of the Band stating the special object of the meeting.

The meeting shall consider only that business for which it was called.

The Secretary shall give not less than 14 days notice of the date, time, place and special object of such meeting, notification to be displayed in the band room.

8. VOTING

At all meetings of the Band, every question shall be decided by a show of hands, or by ballot (if so desired by the majority of those present), of the Full Members present. The Chairman of such meetings shall, in addition to being entitled to vote in the first instance, have a casting vote.

9. OFFICERS

The Officers, who must be Full Members, shall be Chairman, General Secretary, Assistant Secretary, Treasurer and Bandmaster, all of whom shall be elected at the Annual General Meeting in each year and shall respectively be eligible for re-election if still in Full Membership.

The Chairman shall take the chair at all meetings of the Band. If at any time the Chairman is absent, the meeting shall proceed to elect a chairman for that meeting from among the Full Members present. Casual vacancies in any of the said offices may be filled by the Executive Committee for the remaining period of that term.

10. MANAGEMENT

An Executive Committee, composed of the Officers and four Committee Members, shall discharge all business appertaining to the activities of the Band and shall be empowered to administer such funds as may be placed at the disposal of the Band, including investment and/or borrowing, for the furtherance of the objects of the Band.

The Executive Committee shall be responsible for seeing that proper accounts are kept of all monies received and expended by the Band and the accounts shall, after audit, be presented to the Annual General Meeting and certified copies of the Statement of Accounts, together with the Auditor's Certificate, shall be displayed on the notice board in the band room for at least one month following the Annual General Meeting. The books of accounts and Statements of Accounts must be preserved for at least seven years.

The Executive Committee shall have powers,

  1. to fill casual vacancies arising of Committee members
  2. when desirable, to co-opt additional members for the remaining period of the term
  3. to appoint, after full consultation with the membership, the Musical Director and Assistant Musical Director
  4. to appoint a non-Executive Minutes Secretary

Co-opted members will not have voting rights on the Executive Committee.

Only Full Members may exercise voting rights on the Executive Committee.

Five Members shall constitute a quorum.

The Honorary President, the Musical Director and the Assistant Musical Director shall each have the right of membership of the Executive Committee.

11. RULES AND REGULATIONS

The Executive Committee may, from time to time, make, amend or rescind Rules and Regulations that the Committee consider expedient for the proper and efficient management of the Band, provided always that such Rules and Regulations shall not be inconsistent with this Constitution.

12. PATRONS

Patrons may be appointed by the Executive Committee upon payment of a donation of such an amount as shall be recommended by the Executive Committee and subsequently approved at a General Meeting by a simple majority of the Full Members present. Patrons shall be entitled to benefits determined from time to time by the Executive Committee for a period of twelve months from the date of their appointment.

Appointment as a Patron shall not confer membership of the Band.

13. TRUSTEES

Trustees may be nominated by the Executive Committee and their appointment shall be approved at a General Meeting. Trustees shall hold office until death or resignation unless they are removed from office on the recommendation of the Executive Committee by a resolution approved by a simple majority at a General Meeting. The number of Trustees shall not be more than two.

Properties belonging to the Band shall be vested in and controlled by the Trustees but they shall deal with such properties as directed by resolution of the Executive Committee, (of which an entry in the Minute Book shall be conclusive evidence), provided that any such direction shall not infringe the law relating to the duties and responsibilities of Trustees. Trustees shall be indemnified by the Band against risk and expense arising out of the proper discharge of their duties.

14. ALTERATION TO THE CONSTITUTION

The constitution may be altered only at a General Meeting.

Any alteration must be submitted to the Secretary in writing and bear the signatures of the proposer and seconder.

Notice of any proposed alteration shall be posted in the band room for at least 14 days previous to the meeting.

Any alteration shall require the votes of at least two-thirds of the Full Members present at such meeting.

No alteration to the constitution is valid if it is inconsistent with the objects of the Band.

15. DISSOLUTION CLAUSE

A resolution to discontinue the work of the Band shall be considered at a General Meeting of which proper notice has been given and at which not less than one half of the Full Members shall be present. If passed, any property and monies belonging to the Band, after payment of expenses and liabilities properly incurred, shall not be distributed to its members, but shall be devoted to some charity or charities having objects similar to those of the Band, or to some other charity.

16. FINAL STATEMENT

This constitution, approved at the 16th Annual General Meeting held on 18 March 1986, replaces any and every former constitution.

This constitution was amended at:

  • the 18th Annual General Meeting held on 10 March 1988,
  • an Extraordinary General Meeting held on 19 June 1991
  • the 24th Annual General Meeting held on 23 March 1994
  • the 28th Annual General Meeting held on 25 March 1998
  • an Extraordinary General Meeting held on 29 May 2013

Signed ..................................................................................................... (Chairman)

..................................................................................................... (Secretary)