About Bythams Music
Bytham Music Festivals are musical events supporting
artists and music in the area to benefit the community.
Our most established event is The Bytham Music Festival
held at the beautiful Willoughby Arms every year.
BYTHAMS MUSIC - CONSTITUTION AGREED ON 26.07.10
1. NAME
The name of the Association is BYTHAMS MUSIC , hereafter
referred to as BM.
2. ADMINISTRATION
Subject to the matters set out below, BM and its property
shall be administered and managed in accordance with
this constitution by the members of the Executive Committee,
constituted by clause 8 of this constitution ("the
EC").
3. OBJECT
The object of the BM ("the object") is:
To improve the well-being and cohesion of the local
community through the staging of a series of music events
each year, showcasing local performers of all ages and
talent as well as from wider afield, for the enjoyment
of local inhabitants and visitors.
The events are not-for-profit but raise funding to
cover costs and to make charitable donations to chosen
charities.
4. POWERS
In furtherance of the object but not otherwise the
EC may exercise the following powers:
(i) power to raise public awareness of the BM, its
activities, its supporters and the benefactors and the
chosen charities supported by the BM;
(ii) power to increase the participation of local people
in the planning and execution of annual BM and related
activities;
(iii) power to increase the range of entertainment
and leisure activities provided by the BM;
(iv) power to raise funds and to invite and receive
contributions provided that in raising funds the EC
hall not undertake any substantial permanent trading
activities and shall conform to any relevant requirements
of the law;
(v) power to employ such staff (who shall not be members
of the EC) or commission work/contracts as are necessary
for the proper pursuit of the objects;
(vi) 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;
(vii) power to establish or support any charitable
trusts associations or institutions formed for all or
any of the objects;
(viii) power to appoint and constitute such advisory
committees as the EC may think fit;
(ix) power to do all such other lawful things as are
necessary for the achievement of the objects.
5. MEMBERSHIP
Membership of the BM shall be open to:
(i) Individuals living within the Parishes of Castle
Bytham, Little Bytham, Careby, Hollywell, Aunby, Counthorpe
and Creeton who are interested in furthering the work
of the BM.
(ii) Individuals living outside the defined catchment
area but who are supportive of furthering the work of
the BM
(iii ) Each member shall have one vote and is entitled
to be represented and to vote at meetings of the BM.
(iv) The EC may unanimously and for good reason terminate
the membership of any individual, provided that the
individual concerned shall have the right to be heard
by the EC, accompanied by a friend, before a final decision
is made.
6. EQUAL OPPORTUNITIES
The BM is committed to the principles and practice
of equal opportunities in all matters of membership,
employment and service provision. No person shall suffer
discrimination on the grounds of race, gender, disability,
age, religious belief, marital status or sexual orientation.
7. HONORARY OFFICERS
At the annual general meeting of the BM the members
shall elect from amongst themselves a chairperson, a
vice-chairperson, a secretary and a treasurer, who shall
hold office from the conclusion of the meeting.
8. EXECUTIVE COMMITTEE
1. The BM shall have an EC consisting of not less than
4 members and not more than 10 members being:
(a) the 4 honorary officers specified in the preceding
clause;
(b) 4 members elected at the annual general meeting
who shall hold office from the conclusion of that meeting;
2. The EC may in addition appoint not more than 2 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 EC would be co-opted members. Each appointment
of a co-opted member shall be made by the EC as and
when it sees fit.
3. All the members of the EC 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.
4. The proceedings of the EC 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. No person shall be entitled to act as a member of
the EC whether on a first or on any subsequent entry
into office until after signing in the minute book of
the EC a declaration of acceptance and of willingness
to act on behalf of the BM.
9. DETERMINATION OF MEMBERSHIP
OF EXECUTIVE COMMITTEE
A member of the EC shall cease to hold office if he
or she:
(1) is disqualified from acting as a member of the
EC by virtue of section 45 of the Charities Act 1992
( or any statutory re-enactment or modification of that
provision);
(2) becomes incapable by reason of mental disorder,
illness or injury of managing and administering his
or her own affairs;
(3) is absent without the permission of the EC from
all their meetings held within a period of six months
and the EC resolve that his or her office be vacated;
or
(4) notifies to the EC a wish to resign (but only if
at least three members of the EC will remain in office
when the notice of resignation is to take effect).
10. EXECUTIVE COMMITTEE
MEMBERS NOT TO BE PERSONALLY INTERESTED
No member of the EC shall receive remuneration or be
interested (otherwise than as a member of the EC) in
any contract entered into by the EC.
11. MEETINGS AND PROCEEDINGS
OF THE EXECUTIVE COMMITTEE
1. The EC shall hold at least four ordinary meetings
each year. A special meeting may be called at any time
by the chairperson or by any two members of the EC upon
not less than 7 days' notice being given to the other
members of the EC of the matters to be discussed but
if the matters include an appointment of a co-opted
member then not less than 21 days' notice must be given.
2. The chairperson shall act as chairperson at meetings
of the EC. If the chairperson is absent from any meeting,
the members of the EC present shall choose one of their
number to be chairperson 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 EC for the time being
or three members of the EC, 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 EC present and voting on
the question but in the case of equality of votes the
chairperson of the meeting shall have a second or casting
vote.
5. The EC shall keep minutes of the proceedings at
meetings of the EC and any sub-committee.
6. The EC 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.
7. The EC may appoint one or more sub-committees consisting
of three or more members of the EC for the purpose of
making any inquiry or supervising or performing any
function or duty which in the opinion of the EC would
be more conveniently undertaken or carried out by a
sub-committee: provided that all acts and proceedings
of any such sub-committees shall be fully and promptly
reported to the EC.
12. RECEIPTS AND EXPENDITURE
(1) The funds of the BM, including all donations contributions
and bequests, shall be paid into an account operated
by the EC in the name of the BM at such bank as the
EC shall from time to time decide. All cheques drawn
on the account must be signed by at least two members
of the EC.
(2) The funds belonging to the BM shall be applied
only in furthering the objects.
13. ACCOUNTS
The EC shall comply with their obligations under the
Charities Act 1992 (or any statutory re-enactment or
modification of that Act) with regard to:
(1) the keeping of accounting records for the BM;
(2) the preparation of annual statements of accounts
for the BM;
(3) the auditing or independent examination of the statements
of account of the BM; and
(4) transmission of the statements of account of the
BMF to the Commissioners.
14. ANNUAL REPORT
The EC shall comply with their obligations under the
Charities Act 1992 (or any statutory re-enactment or
modification of that Act) with regard to the preparation
of an annual report and its transmission to the Commissioners.
15. ANNUAL RETURN
The EC shall comply with their obligations under the
Charities Act 1992 (or any statutory re-enactment or
modification of that Act) with regard to the preparation
of an annual return and its transmission to the Commissioners.
16. ANNUAL GENERAL MEETING
(1) There shall be an annual general meeting of the
BM which shall be held in the month of October in each
year or as soon as possible thereafter.
(2) Every annual general meeting shall be called by
the EC. The secretary shall give at least 21 days' notice
of the annual general meeting to all the members of
the BM. All the members of the BM shall be entitled
to attend and vote at the meeting.
(3) Before any other business is transacted at the
first annual general meeting, the persons present shall
appoint a chair-person of the meeting. The chairperson
shall be the chairperson of subsequent annual general
meetings, but if he or she is not present, before any
other business is transacted, the persons present shall
appoint a chairperson of the meeting.
(4) The EC shall present to each annual general meeting
the report and accounts of the BM for the preceding
year.
(5) Nominations for election to the EC must be made
by members of the BM in writing and must be in the hands
of the secretary of the EC at least 14 days before the
annual general meeting. Should nominations exceed vacancies,
election shall be by ballot. In the event of there being
insufficient nominations in writing prior to the annual
general meeting, nominations will be accepted at the
meeting by those present and voting.
17. SPECIAL GENERAL MEETINGS
The EC may call a special general meeting of the BM
at any time. If at least ten members 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.
18. PROCEDURE AT GENERAL
MEETINGS
(1) The secretary or other person specially appointed
by the EC shall keep a full record of proceedings at
every general meeting of the BM.
(2) There shall be a quorum when at least one tenth
of the number of members of the BMF for the time being
or ten members of the BM, whichever is the greater,
are present at any general meeting.
19. NOTICES
Any notice required to be served on any member of the
BM shall be in writing and shall be served by the secretary
or the EC 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.
20. ALTERATIONS TO THE
CONSTITUTION
(1) Subject to the following provision 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 to clause 1, clause 3,
clause 10, clause 22 or this clause without the prior
consent in writing of the Commissioners.
(3) No amendment may be made which would have the effect
of making the BM cease to be a charity at law.
(4) The EC should promptly send to the Commissioners
a copy of any amendment made under this clause.
21. DISSOLUTION
If the EC decides that it is necessary or advisable
to dissolve the BM it shall call a meeting of all members
of the BM, 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 EC shall have
power to realise any assets held by or on behalf of
the BM. Any assets remaining after the satisfaction
of any proper debts and liabilities shall be given or
transferred to such other charitable institution or
institutions having objects similar to the objects of
the BM as the members of the BM 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 BM
must be sent to the Commissioners.
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