Constitution of the Southern Counties Amateur Bands Association

1. Name

This Association shall be called the Southern Counties Amateur Bands Association, hereinafter referred to as “scaba”.

2. Application

This Constitution shall apply to all Members and Individual Members of scaba, to any training band or other group organised and supported by scaba, and to the individual members of such groups. These groups may have their own organisers and volunteers, but their Officers and Committee members shall be the same as scaba.

3. Aims and objectives

a) to raise the playing standard and/or awareness of all Members through competitions, festivals, training opportunities and other events.
b) to encourage an atmosphere of fellowship and co-operation between scaba members.
c) to facilitate the opportunity for a fair exchange of views between members and/or members of the Executive Committee.
d) to enter into membership of any other group with like-minded objectives, as agreed at the Annual General Meeting.

4. Membership

Membership of scaba is open to any brass band based in Bedfordshire, Berkshire, Buckinghamshire, Essex, Hertfordshire, Kent, London Boroughs, Middlesex, Surrey, Sussex and The Channel Islands.
Applications from other counties will be considered at the discretion of the Executive Committee.

Individual Membership of scaba is open to any person not currently associated with a Member band, who is resident in the scaba area and has an interest in brass bands.
Individual Members will have a vote at scaba meetings.

Membership of scaba is renewable annually on 1st May.
Bands applying for Membership must submit a completed Membership form with the requisite fee to the Secretary.
Applications for Individual Membership must be made in writing to the Secretary.
The Executive Committee has the right to accept or refuse Membership. Should an application be refused, the fee will be refunded.

Members agree to abide by the scaba Constitution, Safeguarding policy and any associated rules and regulations. They also agree to abide by any decisions and resolutions passed by scaba. The Executive Committee may suspend or expel any Member Band or Individual Member who they consider to have acted in a manner inconsistent with the aims and objectives of scaba.

Members of scaba will be eligible to take advantage of membership discounts for scaba activities and special benefits offered by other organisations and suppliers, as determined by majority vote at any Executive Committee meeting.

Honorary Life Membership may be extended to bands at the Annual General Meeting; these bands shall not have a vote.

5. Officers and Management of scaba

The following shall be Officers of scaba, and shall be elected at an Annual General Meeting for a term of 3 years. They must be a representative of a Member band or an Individual Member of the Association:

a) Chairperson
b) Secretary
c) Treasurer

The Executive Committee of scaba shall be the three Officers plus the following, each of whom must be either a representative of a Member band or an Individual Member:

d) Safeguarding Officer
e) Contest Administrator
f) Minute Secretary
g) Property Officer
h) up to 7 general members

Any Officer or Executive Committee member of scaba may perform one or more of the roles listed in d-g above. Details of each role and its responsibilities can be found in Appendix 2.

The Executive Committee shall be elected at the Annual General Meeting. The Executive Committee shall have the power to co-opt suitable individuals at any time to:
a) fill any vacancies, including the three Officers’ positions, howsoever they arise
b) provide any specific or technical assistance required by scaba.

No member of the Executive Committee shall be held personally responsible, either individually or jointly, for any debt incurred on behalf of or by scaba, nor any legal liability (criminal or civil) incurred by any other Executive Committee member or scaba as a whole.

6. Finance

a) the financial year shall end on 31st December.
b) income shall be deposited in a bank/building society account in scaba’s name. Money may be moved to deposit accounts in scaba’s name, as the Treasurer sees fit.
c) signatories to all cheques shall be any 2 out of 4 designated members of the Executive Committee.
d) money may be used, as the Executive Committee sees fit, to fulfil the aims and objectives of scaba. Money may also be used to repay reasonable expenses incurred on behalf of scaba, and to pay Honoraria as decided at the Annual General Meeting.
e) the accounts shall be scrutinized annually by an independent scrutineer.

7. Meetings

Minutes will be taken at all meetings. Minutes will be approved by the Executive Committee at a subsequent meeting and stored electronically by the Secretary.

All meetings shall be chaired by the scaba Chairperson. In the absence of the Chairperson, the Executive Committee shall nominate a suitable replacement.

Should a vote be required, each Member band shall have 1 vote.
Executive Committee Members shall also have one vote each, regardless of the number of positions held. If an Executive Committee Member is also the representative of a Member band, they shall have 2 votes (ie: one for their band and one as a member of the Executive Committee).
All votes will go with a simple majority. The Chairperson shall have a casting vote if required.

Quorums:
Annual General Meetings and Extraordinary General Meetings (EGM) must have a minimum of 5 participants including at least 2 Officers of the Association and representatives of at least 2 different member bands.
Executive Committee Meetings (ECM) must have a minimum of 5 Executive Committee Members, to include at least one 1 Officer.

7.1 Annual General Meeting (AGM)
a) The AGM shall be held no later than May each year.
b) 14 days’ notice of the AGM shall be given to all Members, Associate Members, the current Executive Committee, President and Vice Presidents. A copy of this Constitution and other Governance Documents shall be made available to all notified. All Members and individual Associate Members must have paid the membership fee for the current year to be eligible to vote.
c) items for inclusion on the agenda shall be submitted to the Secretary, with supporting paperwork, at least 7 days before the meeting.
d) the scrutinized accounts will be presented at the meeting.
e) the Officers of scaba will present their reports on the preceding year.
f) the Constitution, Safeguarding Policy and other governance documents shall be reviewed and amended as necessary.
g) One 1 Officer will be elected each year at the AGM, for a period of 3 years.
h) the Executive Committee shall be elected for a period of 1 year.
i) Honorary Life Members, Honorary Vice-Presidents and the President shall be appointed, with their consent, at the meeting.
j) all scaba fees shall be agreed at the meeting.
k) there shall be no provision for “Any other business”.

7.2 Extraordinary General Meeting (EGM)
a) An EGM may be called by the Executive Committee, or by the Secretary at the written request of representatives of 5 different Members and/or Associate Members of scaba.
b) 14 days’ notice of the EGM shall be given to all Members, Associate Members, the current Executive Committee, President and Vice Presidents. The notice shall state the reason why the meeting has been called, and by whom.
c) discussion at the meeting will be restricted to the matter for which it was called.
d) If the meeting is to discuss a motion of No Confidence in the Chairperson it shall be chaired by the Secretary.

7.3 Executive Committee Meeting (ECM)
ECMs shall be held at least quarterly, and will discuss matters pertinent to running scaba. Any Individual Member or representative of a Member band may attend, however they may be asked to leave the meeting at any point that the Chairperson feels it is appropriate for the Executive Committee to discuss a matter privately.

7.4 Forum Meetings
Forum meetings shall follow on from the AGM or ECM. Any Individual Member or representative of a Member band may attend.

8. General

a) the scaba Contesting and Registration Rules shall apply at all full band contests organised by scaba. They are binding on all entrants, whether Member or non-member bands, and are available on the scaba website, HERE. The Rules may be amended by majority vote at any Executive Committee Meeting.
b) additional rules and conditions for solo, duet, quartet and ensemble contests may apply to these contests only. They are binding on all entrants, whether from Member or non-member bands, and will be available on the scaba website. The rules and conditions may be amended by majority vote at any Executive Committee Meeting.
c) the Governance Documents for scaba are this Constitution, the scaba Safeguarding Policy (Appendix 1), Roles & Responsibilities of scaba Executive Committee Members (App. 2), scaba Whistle-blowing Policy (App. 3) and the scaba Social Media Guidance (App. 4).
Governance Documents may only be altered at an AGM or EGM.
d) the scaba Safeguarding Policy is binding on all people acting in any capacity at any scaba event.

9. Dissolution

If the Executive Committee considers that scaba should be dissolved, for whatever reason, they must call an EGM to discuss and decide the matter. If that meeting concludes that dissolution is necessary, the Officers of the Association plus one additional Member band representative, elected by the EGM, shall act as Trustees for the Members in the dissolution proceedings.

The assets of scaba shall be disposed of by the Trustees in order to discharge any liabilities scaba may have incurred. Any surplus or deficit shall be divided at the discretion of the Trustees.
All bands in full membership of scaba on the date of notification of the EGM will be considered in the dissolution of the association. If the year is less than 16 weeks old, any band in full membership for the preceding year, but not for the current year, will be included.

A Statement of Account shall be provided by the Trustees to all current Members, Vice Presidents and the President of scaba. Once dissolution is complete, the duties of the Trustees shall cease.

Constitution updated by AGM April 2024

Appendices to Constitution:

1. scaba Safeguarding Policy
2. Conditions of Entry
3. Roles & Responsibilities of scaba Executive Committee members
4. scaba Whistle-blowing Policy
5. scaba Social Media Guidance

Roles and Responsibilities of Executive Committee Members

a) Chairperson

The Chairperson will chair all meetings (except as detailed in 7.2.d) and ensure that the Executive Committee functions properly.

b) Secretary

The Secretary shall be responsible for:

• Administration of all forms of membership of scaba and any associated groups.
• All publicity and media engagement for scaba and any associated groups.
• All administration relating to any scaba meetings.
• All functions relating to any Contest, Festival or other event organised by scaba, with the assistance of the Contest Administrator or other nominated persons where appropriate.
• All formal communication between scaba and third parties.

It is important to note that although the Secretary must ensure these responsibilities are met, much of the work may be delegated.

c) Treasurer

The treasurer shall be responsible for:

• General financial oversight of scaba activities
• Financial planning and budgeting
• Financial reporting
• Banking, book-keeping and record-keeping.

d) Safeguarding Officer

The Safeguarding Officer shall:

• Complete DBS checks for all adults identified as requiring DBS clearance under the scaba Safeguarding policy.
• Maintain a working knowledge of current Safeguarding policies and procedures as recommended by Brass Bands England, and make any appropriate recommendations to the Executive Committee to ensure compliance.
• Act as the focal point for any concerns.
• Be identifiable to participants in any training band or other scaba activities but must have a degree of independence from these activities.

It is important to note that the role of Safeguarding Officer is advisory and carries no legal liability.
All members of the scaba Executive Committee and adult volunteers working with any band or other group organised under the auspices of scaba are responsible for compliance with scaba and National Safeguarding policies and procedures.

e) Contest Administrator

The contest administrator shall be responsible for:

• Receiving and acknowledging entries to each scaba Contest
• Requesting information from the appropriate National Registry for contest registrations
• Any other tasks as delegated by the Secretary.

f) Minute Secretary

The Minute Secretary shall record minutes of all scaba meetings and send them to the Secretary no
later than 10 days after the date of each meeting.

g) Property Officer

The Property Officer shall be responsible for:
The safekeeping, inventory and maintenance of all of the association’s fixed assets, including

• Maintaining current records of the whereabouts of all scaba Trophies.
• Ensuring trophies are returned in good time for each contest.
• Maintenance of all trophies and recommendations for renewal/replacement as appropriate.

h) Executive Committee

Executive committee members shall provide functional support to the Secretary as required.

President and Vice-President are Honorary positions and the incumbents may be asked to act in
an advisory capacity. These positions carry no specific responsibilities, and the President and Vice
Presidents are not required to attend meetings.

Roles & Responsibilities adopted by EGM 29 October 2017

Conditions of Entry to a scaba event

This information is relevant to ALL bands taking part in any scaba event and relates to Child Performance Licencing and general Safeguarding.
This information must be read, understood and acknowledged as such by each band taking part in any scaba event. Bands who do not complete the proforma will not be permitted to take part in the event.

Child Performance Licencing

Under the 1963 Children and Young Persons Act and the 1968 Children (Performance) Regulations, it is necessary to ensure that any young person aged 16 and under is properly supervised and able to perform in a safe environment.

scaba will apply to Brass Bands England (BBE) for a Body of Persons Approval (BoPA) for any scaba event. This means that bands to do not need to apply for licences for individual players.
In order to do this, each band must assure scaba that they meet certain requirements.

Bands are reminded that it is their individual responsibility to comply with the terms and conditions of any BoPA in place. These are set out below and can also be found on the BBE website:

• There must be a minimum ratio of 1:12 for supervising adults who have had a DBS check or DBS Status check carried out in the last 3 years. In the case of a parent supervising their own child, a DBS check is not needed but they can only supervise their own child.
• The supervising adult must supervise the child at all times, including rehearsing for the performance, during the performance and taking part in the activity. They must maintain sight and sound contact with the child. This means that if the supervising adult is a front row cornet player for example, they cannot supervise a child who plays on the back row of the cornets. They must also maintain proper supervision during toilet breaks etc.
• The supervising adult must have knowledge and understanding of the Children (Performances and Activities) (England) Regulations 2014 and be suitable to exercise care and control of the child in question.
• One adult who has attended BandSafe training must be present at the event.*
• No payment can be made to any child or to anyone else, apart from defrayment of expenses.
• A representative from BBE may attend to perform spot checks on bands and the organiser.
• You must accurately report to scaba the number of children aged 16 and under taking part with your band. We do not need the names of the chaperones, parents or children concerned.
• You must be able to readily evidence the following permissions for each child: a) to be at the event, b) photographic consent, c) emergency medical information, d) emergency contact information. In case of difficulties, it may be necessary to share this information with the scaba Safeguarding Lead. This information must be in place prior to arriving at the event venue.
• A child cannot be absent from school in order to attend the event
• A child cannot be on site or at the place of performance for longer than the Regulations allow, nor can they be there earlier or later than the Regulations allow. They must also have breaks and meals as a minimum, as set out in the Regulations.
  scaba Conditions of Entry / Feb 2020 2

scaba undertakes to:

• Email the BBE-held BoPA to the Local Authority Licencing Officer
• Have a risk assessment in place for the event location
• Have a first aider present
• Have a volunteer present who has attended BandSafe training*

*whilst scaba has its own BandSafe trained volunteers, it is recommended that all bands also have their own BandSafe trained adult with them on the day of the event.

scaba reserves the right, in accordance with statutory duties, to take independent action to report areas of concern to higher authorities. We may do this without the permission of individual bands or their Safeguarding Lead, should the need arise.

General Safeguarding requirements

Safeguarding applies to Vulnerable Adults and Young People as well as to children under the age of 18. scaba expects ALL bands to have their own Safeguarding Policies and Procedures in place.

We need to know the name and contact number of the person who will be responsible for
Safeguarding in your band on the day of the event. Should any form of Safeguarding incident occur on the day, scaba will deal with matters appropriately. This is likely to involve liaising with your band’s Safeguarding Lead. We reserve the right to act independently and without the permission of individual bands if we deem it necessary to properly exercise our duty of care to participants in and volunteers at our events.

Bands are expected to be fully responsible for all members of their group (playing or otherwise) and are expected to advise scaba should any concerns arise.

All our volunteers are either committee members or persons know to committee members. All
committee members have current DBS checks and have completed NSPCC online training in Child
Protection. They are expected to have a good working knowledge of our own Safeguarding
Procedures, including what to look out for and how to deal with any concerns raised.

The venues that we use are all established performance spaces and have their own Safeguarding procedures in place.

The scaba Safeguarding Policy is available on our website. Our Safeguarding Lead is Jane Stewart. She is the first contact point for any concerns and is contactable on 07980 407831. If you are not comfortable talking to Jane, you should contact Andrew Wilson (Chairperson) or Alex Sears (Secretary). All three have attended BandSafe training and have current DBS certificates.

Please complete the form in the above PDF file for each scaba event your band attends.

All bands must complete this form, even if there are no players aged 16 or under. If
you do not complete and submit the form in advance, your band will not be permitted to
take part in the event.

Guidelines on the use of Social Media

It is recognised that the internet provides many opportunities to promote scaba events, advertise vacancies and performances using platforms such as, but not exclusively, Facebook, Twitter and You Tube. Social media is also used to let followers of bands know what the band is taking part in, such as scaba events.

These guidelines aim to protect individuals within scaba and bands participating in scaba events, and express the expectation that they will take responsibility for what they write or post.

We expect individuals to use good judgement and common sense when posting. Inappropriate use of social media may pose risks to the reputation of the association, band and/or individual members and can jeopardise compliance with legal obligations.

You must have permission before posting photos, articles or comments on scaba or official band websites or social media pages. Personal details such as phone number or email addresses should not be posted without the express permission of the individual concerned and must not be posted for individuals aged under 17 or younger.

Posts and comments must take account of the age range of the person(s) concerned and be appropriate and in keeping with the scaba ethos. If the photo or comment relates to a vulnerable person, you must have the permission of their parent or carer before posting.

The scaba committee will review membership and content of scaba social media sites regularly throughout the year and additionally prior to each AGM. Administration rights to sites must be approved by the committee.

It is not appropriate for individual committee members or scaba volunteers to communicate with vulnerable persons using official scaba sites or private social media accounts. Communication for the Southern Counties Youth Band (SCYB) may only take place via email (to parents for players agers 17 and below) or via the closed Facebook group (children must be 13 or older to have a Facebook account of their own).

Points to consider when posting band related information:

• Don’t overshare personal information such as date of birth and address in individuals’ profiles.
• Consider whether it is appropriate to share your location when posting.
• If asked to click on a link, don’t – until you are sure it’s safe.
• Requests to join “secret”, private or closed social media pages and groups must only be processed by an administrator that knows the individual concerned.
• Only post photos that are appropriate and remember that online photos can be edited using commercially available software in ways that may not be appropriate.

If you come across inappropriate use of the social media in relation to any scaba events or activities, you should let the Secretary or Safeguarding Lead know immediately.

Whistleblowing Procedure:

The aim of this procedure is to provide a clear and transparent way for all members, participating bands and event volunteers to raise genuine concerns about acts of wrongdoing or malpractice within scaba. It also aims to ensure that concerns are dealt with effectively and in a timely fashion.

This procedure provides the scaba committee, and specifically the Chairperson and Safeguarding Lead, with steps to deal with allegations, ensuring that whistle-blowers are not penalised for raising genuine concerns even if those concerns prove unfounded. It also provides the means for taking disciplinary action against anyone who is found to have raised false allegations with malicious intent.

The procedure does not apply to safeguarding concerns or allegations. These must be dealt with using the main body of the Safeguarding Policy and Procedures.

What to do if you wish to raise a concern about malpractice

If you have a concern about malpractice, speak to the Chairperson or Safeguarding Lead. If you feel uncomfortable speaking to these people, speak to any other committee member. The Safeguarding Lead or committee member you have spoken to will arrange to meet with you to discuss your concern. You’ll be told at the meeting, or as soon as possible afterwards, what action will be taken to address your concern. You will not be told any confidential information about the third party. If no action is to be taken, you will be told this, and the reasons why this decision has been reached.

If you don’t want the third party to know your identity, you must tell the Safeguarding Lead or committee member at the outset. Every effort will be made to respect your wishes, but it cannot be guaranteed that your identity will not be disclosed. If this is the case, you will be informed and any issues you may have about this will be discussed with you.

If you need support in raising your concern, you may bring another person to the meeting with you. They must agree to respect the confidentiality of the concern.

What to do if someone raises a concern with you about malpractice

If someone tells you they have a concern about the actions of another person, you should arrange to meet with them as soon as possible to discuss the matter. If you are not the Chairperson or Safeguarding Lead, you should establish why they have chosen to speak to you. You should offer support to help them discuss the matter with the Chairperson or Safeguarding Lead. You should not however, refuse to hear what they have to say.

Approach the situation sensitively, having due regard for the discomfort the other person may feel. The meeting may take place anywhere, but you must feel safe and protected. If the other person is under 18, you must not be alone. If the other person wants their identity to be kept confidential, you should explain that this will be done if possible, but that it may not be achievable. Make notes of your discussion and check their accuracy with them before the meeting finishes.

Once you have established the nature of the concern, it may be that it is relatively minor and can be resolved informally. If the concern appears more serious, you must consider whether any immediate action is needed to protect individuals. You may need to refer to the scaba Safeguarding Policy and Procedures or consider if the police and/or other statutory agencies need to be involved.

You should refer to the Safeguarding Lead for guidance. If this is not possible, the Chairperson or Secretary should be involved.

The investigation

If an investigation is required, this should be completed as quickly as possible. It should also be demonstrably impartial and thorough. The scope of the investigation will depend on the nature of the concern raised. You may need to speak to witnesses, check records or consult someone with specialist knowledge.

If the concern is upheld and the person at the centre of it has been found culpable or remiss in some way, the report’s recommendations should be carried out using a clear plan of action. The recommendations may include, but not be exclusively limited to

• Training
• Coaching
• Counselling
• Implementation of new policies or procedures
• Disciplinary action, including suspension or exclusion from scaba and/or its events.
• Referral to the Independent Safeguarding Authority, Police or other Statutory Authority.

If it becomes apparent that a criminal offence may have been committed, the police should be informed immediately. The police will advise you as to whether your own investigation should be suspended, if they decide to become involved.

The person who raised the concern should be informed of the outcome, but not the details of actions taken. It may also be appropriate to offer them support or counselling. If the concern is unfounded and if the person who raised it is found, through the process of investigation, to have acted maliciously or out of a desire for personal gain, it may be appropriate to consider disciplinary action against them, which may include suspension or exclusion from scaba and/or its events.

The investigator must make accurate notes at each stage of the process, including the discussions during meetings, regardless of whether the concern is dealt with formally or informally. Copies of these notes should be given to the person who is the subject of the concern. If it was requested, the notes should not reveal the identity of the person who raised the concern.

The person who raised the concern should be given a copy of the notes relating to their individual discussion only.

Notes made during the investigation, plus the report of the findings and any recommendations made should be kept securely and be compliant with current data protection legislation.

Information and support

Dealing with issues such as this may require external support. Other sources could be

• Brass Bands England
• NSPCC
• Social Services
• Citizens Advice
• Local Safeguarding