Constitution of the Westmorland Orchestra

(As amended on 12.7.06)

 

 

1.   Title

 

The name of the Orchestra shall be ‘The Westmorland Orchestra’. This Title shall not be used, without the prior sanction of the Committee, in concerts which are not organized by the Committee.

 

2.   Aims and Objects        The Aims and Objects shall be:

 

2.1   The study and practice of orchestral music in order to foster knowledge and appreciation of such music by public performance;

2.2   The participation in choral and other concerts as shall be decided by the Committee;

2.3   The encouragement and support of young local musicians.

 

3.   Membership and Subscriptions

 

3.1   Membership shall be open to any instrumentalist, who shall first apply in writing to the Honorary Secretary. Subject to vacancies, applicants will be considered for either Full or Rehearsal Membership.

 

        3.1.1  Full Members may normally expect to participate fully in all 

        orchestral activities and to play in concerts.

   

        3.1.2 Rehearsal Members shall be entitled to participate fully in rehearsals,

        and may be invited to play in concerts.

 

        3.1.3 In either case acceptance will depend on assessment by the Section

        Leader in conjunction with the Conductor and/or Leader as appropriate, and

        after having attended a reasonable number of rehearsals, and will be

        notified in writing to the applicant by the Honorary Secretary.

 

        3.1.4  Administrative Membership  In addition Administrative

        Membership may be granted to non-playing Members serving on the

        Committee.

 

        3.1.5 Honorary Life Membership   In addition Honorary Life

        Membership may be awarded by the Committee to any individual in

        recognition of outstanding service to the Orchestra.

        Honorary Life Members shall be considered as Full Members of the

        Orchestra but shall not be liable to pay a subscription.

 

3.2   With the approval of Conductor and Committee, other instrumentalists may be invited to play with the Orchestra at rehearsals and concerts but will not be Members of the Orchestra.

 

3.3  All Members shall attend as many rehearsals as possible, and shall advise the Honorary Secretary or Conductor in advance when unable to attend.

 

3.4  Full and Rehearsal Members shall pay such annual subscriptions as shall be decided by the Committee. Subscriptions shall be due on the date of the first rehearsal in each season and Members whose subscriptions remain unpaid by the date of the first concert may forfeit their rights of membership if so decided by the Committee.

 

3.5  No Member shall receive a fee for playing.

 

4.   Conductor and Leader

 

A Conductor and a Leader shall be appointed by the Committee. Such appointments normally to run indefinitely but to be subject to one year’s notice of termination of appointment given by either side and also to any other terms agreed at any time between the parties. They may be paid such remuneration as may be decided annually at the first Committee Meeting following the Annual General Meeting. They shall attend Committee Meetings in an advisory capacity but shall have no voting rights.

 

5.   President and Vice-Presidents

 

The Orchestra may invite suitably distinguished persons to be its President and up to two additional persons to be Vice-Presidents.

The President and Vice-Presidents shall be welcome at all Meetings and functions of the Orchestra but shall have no vote. They may or may not be Members of the Orchestra as defined in paragraph 3 above. Appointments may run indefinitely but be terminable by either side at any time on due discussion between the parties.

 

6.   Management

 

6.1  The management of the Orchestra shall be by elected Committee.

 

        6.1.1  The choice of music to be played will be made by the Committee on

        the advice and recommendation of the Conductor.

 

        6.1.2  The arrangement and positioning of the individual players at  

        rehearsals and concerts shall be decided by the Conductor in

        consultation with the Section Leaders. All permanent changes shall require

        the prior approval of the Committee.

 

 

        6.1.3  The Committee, with the advice of the Conductor and Section Leader,

        shall be responsible for the organisation of the musical resources of the

        Orchestra, including the continuing suitability of individual members to play

        with the Orchestra as Full or Rehearsal Members.

 

6.2   Financial Management

 

        6.2.1  The funds of the Orchestra, including all donations, contributions and

        bequests, shall be paid into an account operated by the Committee in the

        name of the Westmorland Orchestra at such bank as the Committee shall

        from time to time decide. All cheques drawn on the account must be signed by at

        least two Members of the Committee.

 

        6.2.2.  The funds belonging to the Orchestra shall be applied only in

        furthering the objects.

 

7.  Committee

 

7.1 The Committee, all of whom shall be either Full or Administrative

Members, shall consist of the following:

 

        7.1.1.  Officers – all of whom shall be elected annually and who may hold

        office indefinitely :-

 

            A Chairman

            An Honorary Secretary

            An Honorary Treasurer

            An Honorary Patrons’ Secretary

 

        7.1.2.  Plus up to a maximum of 9 Committee Members, 3 of whom shall

        be elected annually and who may hold office indefinitely and may perform

        such duties as shall assist the effective performance of the Orchestra; and 6

        of whom shall be Full Members elected specifically to represent the

        interests of the membership. These 6 shall be elected normally 2 each year

        to serve for a three year period and shall not, thereafter, be eligible for

        re-election for a period of one year  

 

        7.1.3. In addition the Committee may co-opt such other persons as it

        deems necessary. Such co-options will be terminated at the end of the

        current season unless re-confirmed for a further year at the Annual General

        Meeting. Eligibility of co-opted persons to vote will be governed by the

        definitions as set out in the Constitution

 

        7.1.4  Plus the Conductor and Leader who shall attend in an advisory 

        capacity but shall have no voting rights.

 

 

 

 

7.2 Election Procedure

 

        7.2.1  All elected members of the Committee shall be individually elected at

        the Annual General Meeting. If voting is necessary this shall be by ballot.

 

        7.2.2.  All nominations for election shall be in writing and shall be received

        by the  Honorary Secretary at least seven days before the date of the

        Meeting. Such nominations shall include the names of the Proposer and

        Seconder and indicate the consent of the nominee.

 

7.3   Committee Procedure

 

        7.3.1.  The Committee shall meet regularly and at least once before each

        concert and before the Annual General Meeting.

 

        7.3.2  Only Full, Administrative and Life Members shall be entitled to vote.

        The Chairman shall have a deciding vote if necessary.

 

        7.3.3  Quorum – At any Committee Meeting 8 shall be a Quorum. This shall

        include the Chairman or a deputy appointed by him/her, the Honorary

        Secretary or a deputy appointed by him/her, and at least 3 Full Members, of

        whom at least 2 must be from amongst those elected specifically to

        represent the interests of the membership.

 

        7.3.4  The Committee may appoint advisory sub-committees for specific

        purposes. All recommendations of sub-committees shall be subject to

        ratification by the Committee.

 

7.4   The Committee shall be responsible for ensuring compliance with all relevant Government legislation and for ensuring the Westmorland Orchestra follows recommendations as to good practice arising from legislation. This will include the drafting and where required, the availability for public inspection, of all such policies, statements or documents.

 

7.5   All Full and Administrative Members sitting as elected Committee Members shall be deemed to be Trustees of the Orchestra under the terms of the Charities Act 1992.

 

8.   Patrons

 

8.1   The Honorary Patrons’ Secretary shall be responsible for the management of the Patrons’ Scheme. No decisions concerning Patrons shall be taken in his absence.

 

8.2   Minimum annual subscriptions for Patrons shall be decided by the Committee and shall become due on a date agreed with the Honorary Patrons’ Secretary. Individual Patrons shall have the right to one free ticket for each public concert promoted by the Orchestra, and to any priority booking for the same. The names of all Patrons shall be printed on all concert programmes. Any Patron may be invited by the Committee to attend an Annual General Meeting, but shall not be entitled to vote.

 

 

 

 

9.   General Meetings

 

9.1  Annual General Meetings shall be called by the Honorary Secretary, who shall give 21 days written notice, and will be held before the end of September. The meeting shall receive reports from the Honorary Secretary, the Honorary Treasurer and the Conductor. It shall then proceed to the election of Officers and Committee. It shall appoint an Auditor and deal with any other relevant business. Copies of the audited accounts shall be made available to Members on request.

 

9.2   Extraordinary General Meetings may be called by the Committee at any time and must be called by the Honorary Secretary if so requested by 8 members. In either case 14 days written Notice of the Meeting shall be given to all Members. Unless called by the Committee, the subject for the Meeting must be submitted in writing with details of matters to be raised, and only items on the Agenda shall be discussed.

 

9.3   Quorum  At either an Annual or an Extraordinary General Meeting 15 persons entitled to vote shall be a Quorum and shall include either the Chairman or the Honorary Secretary and at least 10 Full members.

 

9.4   Voting Those entitled to vote at General Meetings are Full and Rehearsal Members, Administrative Members and Honorary Life Members.

 

10.   Alterations to the Constitution

 

10.1  Any proposed alteration to this Constitution must appear on the Agenda for either an Annual General Meeting or an Extraordinary General Meeting. Unless such proposition is sponsored by the Committee, a statement of the proposal in writing must be received by the Honorary Secretary at least 28 days before the date of the Meeting.

 

10.2  The endorsement of any change in this Constitution shall require a majority of two thirds of those Members present and voting.

 

10.3  No amendment shall be made to this Constitution which would cause the Westmorland Orchestra to cease to be a Charity at Law.

 

 

11.  Dissolution

 

If the Committee decides that it is necessary or advisable to dissolve the Orchestra it shall call a meeting of all members, of which not less that 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 Committee shall have the power to realize any assets held by or on behalf of the Orchestra. 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 Orchestra as the members of the Orchestra 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 Orchestra must be sent to the Charity Commissioners.