Friends of the Wallasey Schools Music Centre

 

Constitution

 

 

1.      Title

The Association will be known as the ‘Friends of the Wallasey Schools Music Centre’ (the ‘Association’).

2.       Objects

 

2.1.       The object of the Association ( the Objects) is to promote the musical education of pupils attending the Wallasey Schools Music Centre (‘the Centre’) by assisting in the provision of facilities and resources for musical education and doing all such things as might benefit the musical education of such students.

This includes (but is not limited to):-

2.1.1.   Fundraising for the Centre or local charities

2.1.2.   Supporting the Head of Centre who is acting on behalf of the Wirral Schools’ Music Service, in organising concerts and social events

2.1.3.   Assisting the Head of Centre in the organisation of other activities that support the musical education of the students of the Centre.

2.2.       The Head of Centre and the Wirral Schools’ Music Service are responsible for the organisation, curriculum and discipline at the Centre.

 

3.       Powers

3.1.       The Association has the following powers that may only be exercised in the promotion of the Objects

3.1.1.   To publish or distribute information

3.1.2.   To cooperate with other bodies

3.1.3.   To raise funds (but not by means of taxable trading)

3.1.4.   To acquire or hire property of any kind

3.1.5.   To make grants or loans of money and to give guarantees

3.1.6.   To set aside funds for special purposes or as reserves against future expenditure

3.1.7.   To deposit money in a savings account so as to earn interest

3.1.8.   To take out public liability and personal accident insurance to cover Association meetings, activities, Officers and Committee Members, to insure the Associations property against any foreseeable risk and to take out other insurance policies to protect the Association where required

3.1.9.   To insure members of the Committee against the costs of a successful defence to a criminal prosecution brought against them as charity trustees or against personal liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty (unless the members concerned knew that, or was reckless whether, the act or omission was a breach of trust or breach of duty).

3.1.10.     To do anything else within the law that promotes the Objects

BUT the Committee shall not undertake any activity that would bring it into conflict with the Head of the Centre

4.       Membership

4.1.       Membership of the Association will be open to parents, guardians or carers of students attending the Centre and such other persons as the Association’s Committee shall consider appropriate.

4.2.       Music service staff having the responsibility for the musical education within the Centre, shall have honorary membership of the Association.

BUT the Committee may for good reason exclude any person from membership whose presence at or support of the Centre is deemed to be a danger to the Centre, its students or its staff or might bring the Association into disrepute (but only after notifying the member concerned in writing, and considering the matter in the light of any representations which the member puts forward within 14 clear days after receiving notice).

5.       Management of the Association

5.1.       The affairs of the Association shall be under the direction and control of a Committee (acting in the capacity as charity trustees)  which shall be elected annually at the Annual General Meeting of the Association and shall comprise -

5.1.1.        A Chair, a Vice-Chair, an Honorary Secretary and an Honorary Treasurer (the Officers of the Association)

5.1.2.        Not more than eight other members

5.1.3.        Music service staff having the responsibility for the musical education within the Centre

5.2.       Three members of the Committee shall form a quorum (to include at least one member of the staff of the Centre).
Decisions shall be reached by majority vote of such Committee members in attendance at the meeting.  In the event of no majority the Chair shall have a casting vote.

5.3.       The Committee shall have the power to fill any vacancy arising within its membership to be confirmed at the next Annual General Meeting. It may also co-opt such additional members as it considers necessary for the correct running of the Association but these members shall not be entitled to vote

5.4.       The Committee may also appoint a President and Vice President at any Annual General Meeting or Extraordinary General Meeting of the Association, for a period determined by the Committee, in recognition of service to the Association.

5.5.       A Committee member automatically ceases to be a Committee member if:-

5.5.1.   is disqualified under the Charities Act 1993 from acting as a charity trustee

5.5.2.   is incapable whether mentally or physically of handling their own affairs

5.5.3.   is absent from three consecutive meetings of the Committee

5.5.4.   ceases to be a member of the Association

5.5.5.   resigns by written notice to the Committee (provided that at least two Committee members remain in office)

5.5.6.   is removed by resolution passed by all the other members of the Committee after inviting the views of the Committee member concerned and considering the matter in the light of such views

6.       Records and Accounts

6.1.       The Committee must comply with the requirements of the Charities Act 1993 as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Charities Commission of :-

6.1.1.   annual reports

6.1.2.   annual returns

6.1.3.   annual statements of account

6.2.       the Committee must keep proper records of

6.2.1.   all proceedings at general meetings

6.2.2.   all proceedings at Committee meetings

6.3.       Annual reports and statements of account must be made available for inspection by members of the Association

6.4.       The Committee must notify the Charities Commission promptly of any changes to the Centre’s entry in the Central Register of Charities

6.5.       The signature of any two of the four officers of the Committee will be required for cheques issued on behalf of the Association.

7.       Annual General Meeting

7.1.       The Annual General Meeting of the Association shall be held each year during the autumn term on a date fixed by the Committee. Notice of the Annual General Meeting shall be given to members at least fourteen days prior to the meeting.

7.2.       The purpose of the Annual General Meeting shall be –

7.2.1.        to receive the Accounts of the Association for the previous financial year and if appropriate approve them

7.2.2.        to receive the report of the Committee on the Association’s activities since the previous AGM

7.2.3.        elect the Committee

7.2.4.        the appointment of an independent auditor to audit the following years accounts

7.2.5.        to confer on any individual (provided that person has consented) the honorary title of President or Vice-President of the Association

7.2.6.        to conduct such other business as the Committee shall feel fit

8.       Extraordinary General Meeting

An Extraordinary General Meeting may be called by the Committee or by a requisition signed by twenty members of the Association and forwarded to the Honorary Secretary who shall call a meeting within twenty-one days of such requisition being received by the Honorary Secretary.

9.       Amendments to the Constitution

This constitution may be amended at an annual general meeting or an extraordinary general meeting, by a two thirds majority of the votes cast, but

9.1.       A copy of any resolution amending this constitution must be sent to the Charity Commissioners within 21 days of it being passed.

9.2.       No alteration shall be made to the Object of the Association which would change the purpose of the Association or distribution of the assets of the Association on its dissolution.

10.    Dissolution

10.1.    The Association may be dissolved by a resolution passed with a two thirds majority of those present and voting at an EGM of the Association.

10.2.    Any assets remaining on dissolution of the Association after paying any outstanding debts shall not be distributed amongst the members of the Association but shall be given to any other association within the Wirral with Objects that are similar to those of this Association and in any event, to be used in any manner which is exclusively charitable at law and which promotes or assists in musical education.

10.3.    The trustees of the Association must notify the Charity Commissioners that the Association has been dissolved . If the Committee is obliged to send the Centre’s accounts for the accounting period which ended before its dissolution, they must send to the Commission the Associations final accounts.