The name of this Association is the East Anglian Brass Band Association ("the Charity").
Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this Constitution by the members of the Executive Committee constituted by Clauses 7 and 8 of this Constitution ("the Executive Committee").
The Charity's objects are to maintain improve and develop public education in the appreciation of the art and science of music by the presentation of public concerts recitals and festivals and to co-ordinate training of individual band members by presenting master classes courses and other tutorials.
4.1 Membership of the Charity shall be open to any amateur brass band (" a member band") from within the generally accepted geographical region of England known as East Anglia and which is interested in furthering the work of the Charity and which has paid any subscription laid down from time to time by the Executive Committee.
4.2 Each member band shall appoint an individual to represent it and to vote on its behalf at meetings of the Charity and may appoint an alternate to replace its appointed representative at any meeting of the Charity if the appointed representative is unable to attend.
4.3 Each member band shall notify the name of the representative appointed by it and of any alternate to the Secretary. If the representative or alternate resigns from or otherwise leaves the member band he or she shall forthwith cease to be the representative of the member band.
4.4 The Executive Committee may unanimously and for good reason terminate the membership of any individual or member band provided that the individual concerned or the appointed representative of the member band concerned (as the case may be) shall have the right to be heard by the Executive Committee accompanied by a friend before a final decision is made.
5. Method of Joining
Applicants for membership of the Charity should apply in writing to the Secretary of the Charity. Applicant bands should submit a list of their players with their application. On acceptance a fee as set by the Charity will be payable.
6.1 The officers of the Charity shall be:
- Vice President
- Vice Chairman
- Assistant Registrar
- Assistant Secretary
6.2 The above officers shall retire at each Annual General Meeting but will be eligible for re-election.
6.3 Any person who is nominated by a member band or Trustee may stand for election as an officer.
6.4 No person under the age of eighteen years shall be permitted to stand for office.
6.5 No officer shall be entitled to payment for carrying out his/her duties. However the Executive Committee shall be empowered to award honoraria to the Secretary Registrar and Treasurer.
6.6 The Executive Committee shall appoint a Trophies Officer who shall not be subject to retirement at the Annual General Meeting.
7.1 The Executive Committee shall be elected annually at the Annual General Meeting and shall COMMITTEE consist of the elected officers and two delegates from each of not less than five and not more than eight member bands at least one of which should be a youth band. In the event of there being no member youth band or none being willing to nominate delegates for the Executive Committee their place shall be taken by a member senior band.
7.2 No person under the age of eighteen years shall be permitted to stand for election to the Executive Committee.
7.3 Member bands shall be circularised by 31st August of each year as to their willingness to acceptExecutive Committee duties. Failure to reply to the circular by 30th September will automaticallyresult in their exclusion from the list of bands from which the Executive Committee is elected at the Annual General Meeting.
7.4 The appointed representative and/or the alternate from each member band the officers and other Trustees will be permitted to vote with the exception of the Chairman who will only have the right to cast a vote when no majority decision can be reached.
7.5 Matters shall be determined by simple majority.
7.6 The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number.
7.7 Six Trustees shall form a quorum.
8. Powers of the Executive Committee
In furtherance of the Objects but not otherwise the Executive Committee may exercise the following powers:
8.1 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.
8.2 Power to buy take on lease or exchange any property necessary for the achievement of theObjects and maintain and equip it for use.
8.3 Power subject to any constraints required by law to sell lease or dispose of all or any part of theproperty of the Charity.
8.4 Power subject to any consents required by law to borrow money and to charge all or any part of the property of the Charity with repayment of the money so borrowed.
8.5 Power to co-operate with other charities voluntary bodies and statutory bodies operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them.
8.6 Power to establish or support any charitable trusts associations or institutions formed for all or any of the Objects.
8.7 Power to appoint and constitute such advisory committees as the Executive Committee might think fit.
8.8 Power to do all such lawful things as are necessary for the achievement of the Objects.
9. Annual General Meeting
9.1 The Charity shall hold an Annual General Meeting within three calendar months of closing the accounts. The financial year shall end on the 31st August.
9.2 All member bands of the Charity the elected officers and other Trustees may attend the Annual General Meeting but only two representatives from each member band the elected officers and other Trustees shall be entitled to vote. No other person and no person under the age of eighteen shall be permitted to vote.
9.3 The function of the Annual General Meeting shall be:
- To adopt the accounts.
- To elect officers for the forthcoming year.
- To elect member bands to the Executive Committee for the forthcoming year.
- To deal with other items of business as defined on the agenda
9.4 The agenda for the Annual General Meeting shall be submitted to the nominated representative of member bands and other members of the Charity as notified to the Secretary not less than twenty eight days prior to the meeting.
9.5 The agenda for the Annual General Meeting shall allow for any other business to be heard but no voting may take place against this item.
9.6 Member bands may request an item/items to be placed on the agenda under Any Other Business but such requests must be in writing and must be submitted to the Secretary by the end of the financial year.
9.7 Eight members whether representatives of member bands officers or other Trustees shall form a quorum.
9.8 Decisions reached shall be by simple majority.
10. Extra-ordinary General Meeting
10.1 An Extra-ordinary General Meeting may be called by the Executive Committee at any timeduring the year or by the Secretary upon written requests by six member bands. The Secretary shall give twenty one days notice to all members of the Charity.
10.2 The business to be conducted at an Extra-ordinary General Meeting shall be clearly stated on the agenda and no other business shall be heard.
10.3 Voting rights at an Extra-ordinary General Meeting shall be as those at an Annual General Meeting.
10.4 Eight members whether representatives of member bands officers or other Trustees shall form a quorum.
10.5 Decisions reached shall be by simple majority.
11. Amendments to Rules
Resolution passed by simple majority of the members present and voting at an Extra-ordinary
11.1 Subject to the following provisions of this Clause the Constitution may be altered by a resolution passed by simple majority of the members present and voting at an Extraordinary General Meeting only.
11.2 No amendment may be made to Clause 1 (name of Charity Clause) Clause 2 (Objects Clause) or Clause 17 (the Dissolution Clause) or this Clause without the prior consent in writing of the Charity Commission.
11.3 No amendment may be made which would have the effect of making the Charity cease to be a charity in law.
11.4 The Executive Committee should promptly send to the Charity Commission a copy of any amendment made under this Clause.
The Executive Committee shall comply with their obligations under the Charities Act 1992 (or statutory re-enactment or modification of that Act) with regard to:
- The keeping of accounting records for the Charity.
- The preparation of Annual Statements of Account of the Charity.
- The Independent Examination of the Statements of Account of the Charity.
- The transmission of the Statements of the Charity to the Charity Commission
Any member band having a complaint must notify the Secretary in writing. Such complaint/s shall be considered by the Executive Committee and any appropriate action deemed necessary will be taken. Any decision reached by the Executive Committee shall be final.
Any infringement of the Rules of the Charity by a member band or individual shall be considered by the Executive Committee and any remedial action taken as deemed necessary. In the event of serious infringement the Executive Committee shall have the power of suspension if considered necessary.
Any member band or individual found to be guilty of bringing the Charity into disrepute shall be subject to disciplinary action as is deemed necessary by the Executive Committee.
The appointed representatives of member bands elected to the Executive Committee and the officers shall be Trustees of the Charity and shall act in dissolution proceedings.
If the Executive Committee decides that it is necessary or advisable to dissolve the Charity it shall call a meeting of all members of the Charity of which not less than twenty one days notice (stating the terms of the Resolution to be proposed) shall be given. If the proposal is confirmed by simple majority of those present and voting the Executive Committee shall have the power to release any assets held on behalf of the Charity. Any assets remaining after the satisfaction of any proper debts and liabilities may be stored in the East Anglian Brass Band Association bank account for a period of five years. If at the end of that period it is not possible to re-form the Association the remaining assets shall be given or transferred to other charitable institution or institutions having objects similar to the objects of the Charity as the members of the Charity 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 Charity must be sent to the Charity Commission.