Black Diamond FM.rtf - Ofcom Licensing

Community Radio Licence 

Application Form 

Black Diamond FM

Public Version 1.0 30th July 2004. 

A. Please read the Notes of Guidance for Community Radio Licence Applicants before 

completing this form. For assistance with individual questions, please refer to the 

relevant sections of the application notes, which accompany this form. 

B. Please read this document carefully and then answer all the questions as fully and 

accurately as possible. 

C. Please complete this form in English. One typed copy should be sent by e-mail to: 

communityradio@ofcom.org.uk (if it is not possible to e-mail your application, please 

send one typed copy to the address below). 

D. Applications will be made available for public inspection on Ofcom’s website. Details of which 

parts of an application may be submitted in confidence are included on the first page of the 

'Application Notes' which accompany this form. If you wish to submit any information in 

confidence other than that which is indicated in the Application Notes, as being specifically 

permissible in such a form, confirmation that this is acceptable must be sought in advance, in 

writing from Ofcom's Community Radio Licensing Team. 

E. If you are completing the form on behalf of some other company, please make this clear in an 

accompanying letter. You will need to provide evidence of your authority to act on behalf of 

the applicant. The form should be filled in so as to include information about the applicant, not 

about you acting on their behalf. 

F. Sufficient information must be supplied about the identity, composition and ownership of the 

applicant and any body which controls the applicant to ensure that the applicant may hold a 

community radio licence granted under the Broadcasting Act 1990 (as amended) in 

accordance with the Communications Act 2003 and under the Community Radio Order 2004. 

Before a licence is granted, further details may be required. 

G. In submitting this application you agree that, should a licence be granted, Ofcom may 

publish contact details for the licensee (specified in section 2.6) of this application form), 

which may include personal data, on the Ofcom web site and/or in other relevant 

publications. 

H. This application form covers the requirements of the Broadcasting Act 1990 (as amended) 

and the Wireless Telegraphy Act 1949. If the application is successful you will be issued 

with both a Broadcasting Act licence and a Wireless Telegraphy Act licence. 

Community Radio Licensing, Radio Planning & Licensing Team 

Ofcom 

Riverside House 

2A Southwark Bridge Road 

London SE1 9HA. 

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SECTION ONE. OPENING STATEMENT. 

1.1 Opening Statement. 

Please provide a short introductory statement summarising the target community, the 

objectives of the service, and its broadcasting philosophy. 

(For more information please refer to section 1.1 of the accompanying notes). 

We will establish and develop a community owned and community led local radio project, 

which will not be for individual financial or commercial gain, but dedicated to serving the 

community as a communication tool. The radio station will be a controlled and managed local 

station with community programming reflecting Midlothian’s unique blend of community 

interests, cultural and linguistic diversity. It will deliver social gains and develop social capital 

through radio provision and training in radio skills for all community members, especially 

youth and socially excluded individuals. The access station will be rooted in the local 

community and accessible to all local people providing unique and appropriate Midlothian 

focused educational and entertainment programming. Quality training opportunities will be 

provided for local people to make and broadcast, their own programme productions, that will 

meet the needs of their local groups within the community – using community radio as a 

means of empowerment and personal development. It’s about radio of the community, for the 

community, by the community as well as education, entertainment, and empowerment 

It will provide a community communication platform accessible to all groups and individuals 

who have the democratic benefit of the community at heart . This community radio station will 

be created and run without distinction of race, creed, sex, caste, colour or age, It will seek to 

achieve and maintain the highest principles of democratic and moral broadcast standards. 

Please continue to Section Two on next page. 

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SECTION TWO – About your organisation and how to contact you. 

Ofcom needs information about your organisation and needs to be able to contact 

you. 

(For more information about the individual questions below, please refer to 

sections 2.1 to 2.7 of the accompanying notes). 

2.1 Proposed Name of Station 

Black Diamond FM (former Coalfield Heritage) 

2.2 Contact Address 

Newbattle Community Learning 

Centre, 67 Gardiner Place, 

Newtongrange, 

Midlothian 

Is this address: 

The main address of your organisation? V 

The registered office of your organisation? V? 

The home address of the main contact? ? 

Other contact details for your organisation, as applicable: 

Phone (work) +44 131 663-6055 Phone (home) 

Mobile number Fax number 

You must include the postcode EH22 4RT 

E-mail address admin@midlothianradio.org.uk 

Website address http://www.midlothianradio.org.uk 

2.3 Contact Name 

John Ritchie 

Section continues on next page… 

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2.4 Company Details: What type of organisation are you? Please tick the 

appropriate boxes and provide the additional information requested. 

Company Limited by Guarantee Waiting to be registered ? V * 

OR Registration Number: 

Date of Registration or Application: 

Company Limited by Shares ? Waiting to be registered ? 



2.5 Is your organisation a registered charity in England, Wales, Scotland or 

Northern Ireland? If so, please provide details here. 

Registered Charity Waiting to be registered V 



*The company are anxious to secure charitable status before forming the company limited by guarantee 

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2.6 Public Contact Details. 

For publication on the Ofcom website and/or in other relevant publications (published 

either by Ofcom or third parties directed by Ofcom) should a licence be granted. 

Contact Name 

John Ritchie, 

Contact Address 

Braeside Cottage, 

Robertson Bank, 

Gorebridge, 

Midlothian 

You must include the postcode 

EH23 4JT 

Other contact details for your organisation, as applicable: 

Phone number: 01875 822694 

Mobile number: 0775 4382602 

Fax number: +44 131 3751 

E-mail address: john@hogmanay.net 

Website address: http://www.midlothianradio.org.uk 


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2.7 Supporting Documentation. 

Ofcom needs to check that your organisation is eligible to operate a Community 

Radio service. Please tick the appropriate boxes to show which of the following 

documents you have provided: 

Certificate of Incorporation 

Memorandum & Articles of Association * V 

(Please make sure you include your organisation's name and postcode on the front 

page of the constitutional document(s) provided.) 

Please continue to Section Three on next page. 

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SECTION THREE – Ownership. 

Please provide the following information in relation to the directors of the applicant 

group. 



DIRECTORS- the following persons have expressed interest and commitment to 

become directors. Once charitable status is obtained, the formal application will be 

made to Companies House. 

3.1 Name of member and prospective director 

John Ritchie 


Home address here 

Braeside Cottage, Robertson Bank, 

Gorebridge, Midlothian 

Other contact details 

You must include the postcode EH23 4JT 

Phone number 01875 822694 Mobile number 0775 438 2602 

Fax number E-mail address john@hogmanay. 

net 

3.3 Other Employment 

EdinburghGuide.Com 

3.4 Relevant interests 

Director is the Secretary of Midlothian Federation of Community Councils and editor of the 

Edinburgh Guide, the Internet “Gateway to Scotland’s capital.” Active in the community of 

Gorebridge and environs. 

3.5 Expected Role in Community Radio Station 

Responsible for programming (quality control of speech based output) 

PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE 

APPLICANT GROUP 


DIRECTORS 

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Heather Dunn 


6 Stoneyhill Road 

Musselburgh 


You must include the postcode EH21 6TH 

Phone number +44 (0)131 663 6055 Mobile number 07890682863 

Fax number E-mail address Heather.dunn1@virgi 

n.net 


After-school Care Organiser 


Work with children and youth work 


Responsibility for child protection, volunteer and health/safety policies. 




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DIRECTORS 


Alan Watson 


12 Bogwood Court 

Dalkeith 


Phone number +44 (0)131 454 0590 Mobile number 

Fax number E-mail address 


Unemployed community activist. 


Community radio, social housing. Media, music and bands. 


Work with socially excluded groups 

You must include the postcode EH22 5DG 




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DIRECTORS 


Alexander Florence 


117 Langlaw Road 

Mayfield 

Dalkeith You must include the postcode EH22 5AR 


Phone number 0131-663-9609 Mobile number 



British Gas-fitter 


Work with young people and community organisation 

Director and Chairperson of Midlothian Young peoples’ Advice Service and 

Chair of Mayfield and Easthouses Drop-in Centre Association 


Community Liaison 




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DIRECTORS 

3.1 Name of member or prospective director 

Susan Hunter 


41 Edmonstone Road 

Danderhall 


Phone number O131-663-4481 Mobile number 



None 


Work with older people 

Danderhall Community Council 

Danderhall Welfare Association 

You must include the postcode EH22 1QH 


Represent the views of older people 

Susan Hunter has expressed interest in being a Director. This will have to be confirmed at a 

general meeting due to age-related condition set by Companies House. 




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3.6 Please provide the names and addresses of the members of the company. If 

the applicant is a company limited by shares, this information should be provided in 

respect of participants with an interest of more than 5 per cent in the applicant, as 

well as participants with an interest of more than 5 per cent in any body which 

controls the applicant. 

The prospective directors named previously are augmented by a number of 

people who will support the station. The company will be limited by guarantee 

not limited by shares. A list of people who are interested in joining the Association can be 

supplied. 

Please state whether the applicant or any member about whom information has been 

provided under question 3.6 above is involved in any of the activities listed below, 

and give the extent of such interest. For these purposes the applicant includes 

associates of the applicant (i.e. directors and their associates and other group 

companies). If any of the following categories do not apply, applicants must still 

complete this section, clearly indicating that this is the case by writing 'none' in each 

such section. 

3.7 Local Authorities 

Midlothian Council is supporting the application through limited grant funding and staff time to 

support the board and volunteers. The Local Authority’s input will be ‘hands off,’ at a distance. 

3.8 Bodies which are wholly or mainly of a political nature, or which are affiliated 

to such a body: 

Not applicable. 

3.9 Bodies whose objects are wholly or mainly of a religious nature: 


3.10 An individual who is an officer of a body falling within 3.9 above: 


3.11 An advertising agency or an associate of an advertising agency: 



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3.12 Other Broadcasting Act licensees, specifying which licences: 


3.13 Affiliations with other bodies not outlined above, (for example related charities 

or community groups): 

Midlothian Community Media Association is not affiliated to any other agencies but has 

decided to join the Community Media Association. 

3.14 Other matters which may influence the application. 

Ofcom requires that applicants should, at the time of making this application, notify 

Ofcom of any matters which might influence Ofcom’s judgement as to whether: 

a) any director/manager or the applicant group, 

or, 

b) any individual, or any director of a company, who will have an interest of 10 

per cent or more in the applicant group 

may not be considered a ‘fit and proper person’ to participate in a radio licence. 

Tick here if there are no reasons why Ofcom might consider the applicant not to be a 

fit and proper person to participate in a radio licence: v 

If you have not ticked the above box, please provide details on a separate 

sheet, such that this information may be kept confidential by Ofcom. 

3.15 Has the applicant made any other application to Ofcom (or its predecessor 

broadcast regulators – the ITC and the Radio Authority) for any licence within the last 

five years? If so, provide the licence reference number(s) and / or the name(s) of the 

service(s) for granted licence(s). 

Tick here if the Answer is No v 

If you have not ticked the above box, please provide details of here 

Please continue to Section Four on next page. 

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SECTION FOUR – Management. 

Please provide details of those individuals who will be responsible for management 

and policy-making process. 

4.1 Details of board, management committee or equivalent: 

John Ritchie 

Alan Watson 

Susan Hunter 

Alexander Florence 

Heather Dunn 

Contact details on previous pages 


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4.2 Indication of Staff structure, to include numbers of unpaid, (volunteer) staff 

positions and number of paid staff (if any): 

Manager/ Programme Controller -Paid Position - 36 Hours per week – Responsible to the 

board for all strategical and daily aspects of running the station including sound financing, 

marketing, training and programme production, supervising staff/volunteers and ensuring the 

station runs smoothly and that MCMA satisfactorily meets its legal and community 

commitments. 

Volunteer Co-ordinator 

Paid position – 36 hours per week – 

Responsible to the Manager for all aspects of volunteer management and organisation, 

including volunteer training and production of the station Annual Report. Will ensure 

volunteers are ‘professionally’ trained in use of station equipment and fully understand station 

policies including on air responsibilities. Also responsible through the Board for developing 

and implementing station policy 

On volunteering and other reasonable duties as determined by the Board. 

Production Assistant 

Paid position-36 hours per week- responsible to the manager/ programme controller for 

developing original programming by making contact with schools and community groups. 

Administrator 

Paid position – 36 hours per week – Responsible to the board through the programme coordinator 

for ensuring efficient administration of the project. Duties included answering the 

phone, dealing with general inquiries, supervising volunteers, dealing with routine finances 

(including salaries/invoices/payments/accounts), typing letters and reports and other 

reasonable duties as determined by the board, development worker and Manager. 

Volunteer Office Staff 

7 staff times 10 sessional hours per week per person = 70 hours. 

Unpaid positions – responsible to the board through the Station Manager, Volunteer Coordinator 

and Administrator. Responsible for ensuring the station runs smoothly and meets its 

programming commitments and obligations. Also helping with routine tasks such as answering 

the phone, fielding general inquiries, helping with programme production and presentation. 

Broadcasting/Production Volunteers 

Up to 100 per year (up to 25 per quarter) – minimum of 3 sessional hours per week per 

person. 

Unpaid positions – responsible to the board through the Station Manager, Volunteer Coordinator 

and Administrator. Responsible for researching, preparing and broadcasting 

programmes and for training new volunteers in how to use equipment (peer learning). 

Please continue to Section Five on next page. 

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SECTION FIVE – Community to be served 

The Community Radio Order 2004 defines a ‘community’ as 

(a) The persons who live or work or undergo education or training in a 

particular area or locality, 

or, 

(b) persons who (whether or not they fall within paragraph (a)) have one or more 

interests or characteristics in common. 



5.1 Description of the Target Community (or Target Communities). 

The station is intended to serve the East and Central Midlothian, a mixture of rural areas and 

small towns, including areas of deprivation such as Woodburn, Dalkeith which is officially in 

the 15 % most deprived communities in Scotland. Gorebridge and Mayfield, Dalkeith are in the 

20% most deprived areas. Specific communities of interest: ethnic, cultural and social will also 

be targeted for social gain, including community activists, community groups, schools, 

students, unemployed people, the elderly, those with disabilities. 

A regeneration outcome agreement will be in place by end of December 2004 

The area is larger than 5km but the population is dispersed. 

5.2 Community Demographics. 

MCMA will target the specific geographical communities of Midlothian covering Newtongrange 

(population 4,854), Mayfield (9,001), Gorebridge 6197), Dalkeith (11,552) and Danderhall 

(3,445) Bonnyrigg (9,964), Loanhead (6,639) plus the rural enclaves of North Middleton and 

Temple “The Socio Demographic Profile of Midlothian 2003,” reveals that the population of 

East and Central Midlothian is 58,000. Total population of Midlothian is 80,000 although initial 

plot would suggest that coverage in Penicuik is unlikely. 

Statistics also show that: 

Midlothian has 2,377 single parents; 33% of the working age population are on benefit; 1% of 

the population are from ethnic minority groups; 5% claim disability living allowance and 3,665 

claim incapacity benefit (7.3%); 

Other specific official statistics are available on request e.g. specific area ward breakdowns 

vis a vis number and types of households, family structure, age, gender, ethnicity, education 

attainment levels, unemployment by group type, benefit claims, health, social work referrals 

etc. 

5.3 Evidence of Local Demand and Support: 

Please continue to Section Six on next page. 

File of support letters attached. The station has the support of the midlothian community 

learning partnership which consists of members from the statutory and voluntary sectors 

A number of organisations have attended meetings of the group and others have pledged 

support 

Further and Higher Education is also involved in the partnership. Local writers and historians 

are interested in providing content to programmes. 

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SECTION SIX – Social Gain, Accountability and Access to Station. 

Every applicant for a community radio service must demonstrate that the proposed 

service would be provided primarily for the good of members of the public, or of the 

target community, and in order to deliver social gain. Applicants must provide 

evidence that their proposed service would result in the delivery of significant social 

gain to the public, or the target community. In addition, when deciding whether or to 

whom to award a community radio licence, one of the criteria to which Ofcom must 

have regard is the extent to which the proposed service would result in the delivery of 

social gain to the target community. The Community Radio Order lists four 

mandatory social gain objectives and a further (non-exhaustive) list of seven other 

social gain objectives that may be applicable. 

Please use the first three questions in this section (boxes 6.1 to 6.3) to answer 

general questions about how the applicant proposes to serve its target community. 

Explain (in boxes 6.4 to 6.7 below) how you propose to meet the four mandatory 

social gain objectives and explain (in box 6.8 below) what additional social gain 

objectives (if any) you intend to include as social gain objectives for your proposed 

service. For each of the objectives, please specify the nature of the targets involved 

and outline how you expect these to be achieved. 

In addition to social gain objectives, when considering applications, Ofcom is 

required to have regard to various underlying characteristics which define community 

radio services, some of which are relevant to this section of the application form, 

(boxes 6.9 and 6.10 below). 

In addition to the social gain objective concerning training for members of the target 

community or the wider public (box 6.6), the Community Radio order 2004 contains a 

further, slightly different, reference to training as a selection criterion. Ofcom is 

required to have regard to provision of training in the use of station facilities by 

members of the target community. 

Finally, this section of the application form also gives applicants the opportunity to 

detail other forms of community involvement (boxes 6.12 to 6.14). 



6.1 Addressing Community Needs. Please give a general overview of how you 

propose to ensure that your service will address community needs. In particular, the 

extent to which the service would cater for the tastes and interests of the target 

community, and broaden the range of programmes available by way of local services 

in the area to the target community. 

MCMA will be a ‘public good’ vehicle for community education, empowerment and 

entertainment and act as a form of community ‘social glue’. The station will deliver 

opportunities for community regeneration, community learning, community inclusion, training 

and employment and so make a valuable contribution to the community it serves. The radio 

service will deliver social gain putting back any social surplus generated into improving the 

operation of the service. The station will give voice to local people by allowing any member of 

the community it serves the opportunity to participate in the management and running of the 

service. MCMA will be the major source of on air local information, letting people know what is 

happening in their area. It will also broadcast local information on health, housing, transport, 

community safety, the environment, learning opportunities and raise awareness of events and 

issues – giving people a better understanding of the community in which they live so 

empowering them whilst also developing community pride. Other stations covering Midlothian 

tend not to provide micro level, relevant ‘community’ information, rather they tend to 

broadcast information of a macro or metropolitan area nature. Nor do such stations place a 

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premium on encouraging active involvement in the running of their stations’ by local people. 

MCMA will deliver information to Midlothian’s disparate communities of interest - with a focus 

on programming for a wide range of community interests, reflecting the diversity of the 

community at large. Members of the community will deliver programming. These volunteers 

will be trained to make programmes that meet the needs of their own community. A schedule 

has been developed in association with members of the public, community activists, 

community groups and school pupils. In the process, we will deliver significant and 

quantifiable social gains, especially in the field of radio skills and life skills training of 

otherwise disadvantaged or socially excluded individuals. 


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6.2 Targets and Milestones 

* Milestone – Sept 2004 – Broadcasting equipment purchased; 

* Milestone – Sept 2004 – 10 volunteers trained in basic radio skills by Clyde 

Broadcasting; 

* Milestone - November 2004 – Midlothian Community Media Association 

incorporated; 

* Target – Dec 2004 – 10 volunteers visit Clyde Broadcasting for station 

demonstration; 

* Target - Oct 2004/May 2005 – Get 15 local groups actively engaged in station; 

* Target/milestone - Nov 2004 – Ofcom radio licence application submitted by 

MCMA directors; 

* Target – Jan 2005 – 5 volunteers begin NQ level “Intro to Digital Media” course at 

Jewel and Esk Valley College – course includes 2 radio units; 

* Target/Milestone – March 2005 – MCMA to move into new ‘radio shack’ premises 

at Newbattle Community Learning Centre facilitated by staff and directors; 

* Target – March/May 2005– Up to 25 volunteers trained up per quarter in basic radio 

and other skills by MCR staff, local college/Clyde Broadcasting; 

* Target – March 2005 – Webcasting of station output begins – up to 12 hours per 

day facilitated by staff and volunteers; 

* Target - June 2005 – Quarterly review (March/April/May) of station’s progress – 

inputs/outputs/outcomes measured and assessed facilitated by station staff; 

* Target – June/August – Up to 25 volunteers trained up in quarter by MCR 

staff/volunteers local college and Clyde Broadcasting; 

* Target – June/August 2005 – 10 local groups engaged in radio programming; 

* Target/Milestone – August 2005 Official launch of station facilitated by station 

directors, staff and celebrity; 

* Target/Milestone – August 2005 - MCMA 3 Full time staff appointed by Directors; 

* Target - August 2005 – Station begins broadcasting on FM, 16 hours per day – 

assuming Ofcom grants radio licence – facilitated by station staff and volunteers; 

* Target –August 2005 - 6 monthly focus group/listeners forum facilitated by station 

directors staff and volunteers; 

* Target - Sept 2005 – Quarterly review (June/July/August) of station’s progress and 

performance – inputs/outputs/outcomes measured and assessed – facilitated by 

station staff; 

* Target – Sept 2005 - station open day/community feedback workshop; 

* Target - Sept/Oct/Nov – Up to 25 volunteers trained by MCMA staff/volunteers and 

local college/Clyde Broadcasting staff; 

* Target – Sept/Nov 2005 – 10 community groups involved in station work; 

* Target - Dec 2005 – Quarterly review (Sept/Oct/Nov) of station’s progress and 

performance; 

* Target – Dec 2005/Jan/Feb 2006 – Up to 25 volunteers trained up by MCMA 

staff/volunteers, local college and Clyde Broadcasting; 

* Target – Feb 2006 - 6 monthly group/listeners’ forum facilitated by station directors 

staff and volunteers; 

* Target - March – Quarterly review (Dec/Jan/Feb) of station’s progress and 

performance facilitated by station staff; 

* Target – March 2006 – station open day/community feedback workshop; 

* Target – March/April/May 2006 – Up to 25 volunteers trained up by MCMA 

staff/volunteers and local college/Clyde Broadcasting; 

* Target – March/May 2005 – 15 community groups engaged by station; 

* Target - March 2006 – Annual Report – produced by station staff; 

* Target - June 2006 – Quarterly review (March/April/May) facilitated by station staff; 

* Milestone - July 2006 Station AGM and submission of Annual Accounts to 

Companies House – facilitated by station directors’, staff and station 

accountant/auditor; 

* Target – June/July/August 2006 – Up to 25 volunteers trained up by MCMA 

staff/volunteers and local college/Clyde Broadcasting. 

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6.3 Numbers Involved 

MCMA intends to employ up to 4 full time members of staff and work with up to 100 

volunteers per year (up to 25 per quarter) in the first year of activity. Volunteers will 

be paid expenses only. 

It is envisaged that the numbers of volunteers will increase exponentially over time as 

the station becomes established as per the following Ghant Chart: 

Oct 04 - May 05 June - Aug 05 Sept - Nov 05 Dec 04 - Feb 06 March - May 06 

30 volunteers 20 volunteers 20 Volunteers 25 volunteers 35 volunteers 

Trained up in trained up. Trained up. Trained up. Trained up. 

Basic radio 10 new groups 10 new groups 15 new groups 15 new groups. 

skills. 15 local involved in station. engaged. engaged. 

groups actively 

involved. 

June – Aug 06 

40 volunteers 

trained up. 

15 new community 

groups access station/ 

get involved in 

programming. 

6.4 (Mandatory social gain objective) Explain how you have identified your 

target audience(s) (defined in Section 4) as including individuals "who are otherwise 

underserved" and explain what appropriate radio programming you intend to provide. 

MCMA will focus on underserved target audiences using demographic data provided by the 

2001 census and local, labour market, socio - economic and community ‘intelligence’ data to 

inform programming schedules. We will also work with indigenous local umbrella groups to 

identify target audiences e.g. The Federation of Midlothian Community Councils, Midlothian 

Voluntary Action, Midlothian Volunteer First, Midlothian Council. MCMA will offer community 

residents, activists and community groups the opportunity to provide a running reflective radio 

digest, a mirror of local life in all its aspects, involving a multitude of local voices. Community 

programming will see the station engage with small communities and neighbourhoods and 

communities of interest. We will broadcast a range of programmes to the ears of those who 

would otherwise be excluded from the benefits of community radio services. MCMA will 

deliver very local, very niche, programmes of interest to unemployed people, retired folk, 

young children, youths, students, lone parents, ethnic minorities, older people, community 

activists. We intend to have live events covered also e.g. gala days, junior football matches, 

village fetes, Brass in the Park, Schools Festival of Music. Programmes will be formed around 

community concerns/issues/themes, such as local sports coverage, local history 

programmes, and school pupil music/information. Groups will be encouraged to make their 

own issue based programmes and give interviews on their work. Direct marketing, brand 

awareness campaigning, leafleting, email mail shots, newsletter updates, press releases, 

broadcast appeals, letters to interested groups and segmented advertising will be used to get 

individuals and groups on air or involved in station management. We project that we will work 

with 65 community groups/agencies and 100 volunteers in the first year of broadcasting e.g. 

Midlothian Voluntary Action, Midlothian Community Transport, Midlothian Volunteer First, 

Midlothian Writers’ Group, community councils’. These are people/groups that otherwise 

would be excluded from the opportunity to access radio facilities and take part in radio 

production/broadcasting. 

6.5 (Mandatory social gain objective) Explain how your proposed service will 

"facilitate discussion and the expression of opinion". 

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MCMA will satisfy the demand for access to broadcasting resources by underserved 

communities. MCMA will not only act as a training nursery for new radio talent it will 

serve as an on air forum for public debate and discussion of issues affecting the local 

community. MCMA will be a vehicle, or mirror, that will reflect what is happening in 

the community and allow underserved groups to seize on community radio as a 

means of empowerment, entertainment, active citizenship and personal 

development. MCMA will be the new grassroots ‘medium’ that local people and 

groups can articulate to get their ‘message’ out. Thus, the station will provide a multi 

media platform, which is wholly inclusive and reflective of the diversity of communities of 

interest in the greater Midlothian area especially for the articulation of the voices of the less 

dominant, less powerful members of society. MCMA is committed to an equal rights 

opportunity policy in terms of airtime representation. This means MCMA will target and 

engage with as broad a range of local community individuals and agencies as possible. Here, 

between 10 and 15 new community groups and 20 –25 new volunteers per quarter will be 

targeted and brought on board hitching their wagon to the station’s train. The station will also 

broadcast topical phone in and discussion programmes as well as interesting documentaries 

and local human interest stories that will catalyse lively debate on issues/topics that 

mainstream metropolitan area radio stations tend not to focus on. We will encourage 

community groups to make their own issue based programmes and give interviews on local 

matters. Groups will be encouraged to make programmes that feature their work e.g. with the 

elderly, disabled people, children and youths. We would expect to solicit 500 letters and 

emails per year and 2,000 phone calls in the first year of the broadcasting. Listeners will be 

encouraged to participate by phone, letter and email interaction and postings to our bulletin 

board on the radio W3 site. The feedback loop mechanism will help to build community 

identity, encourage active citizenship and combat isolation as the expressive communications 

medium of radio broadens into the hands and ears of as many local people as possible. We 

will also use vox pops and listener surveys to ensure that the concerns of local people are 

picked up on. 


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6.6 (Mandatory social gain objective) Explain how you propose to provide 

education and / or training to individuals not employed by your organisation. 

Our Volunteer Policy (document attached) reflects the station’s inclusive commitment 

to offering participation and training opportunities to all members of the Midlothian 

community to develop radio skills. Our objective for training is that of developing 

competence and confidence – improving self- knowledge, self esteem and 

transferable and core skills such as ICT in the process. Training will be offered in 

areas such as admin, problem solving, writing, and interview and management skills. 

Our ethos is that of making people welcome and our vision is that of developing the 

potential of volunteers through lifelong learning and therein provide socially just 

opportunities to the benefit of all members of the community. We are actively seeking 

to recruit volunteers from all backgrounds, especially disadvantaged backgrounds 

(e.g. lone parents, women, ethnic minorities, and the unemployed) and of all ages 

(e.g. youths and pensioners) so that the station’s work will reflect the nature of the 

community at large. Presently we are working with local schools using radio skills to 

facilitate personal, social and educational development of young people so that they 

can gain a voice in society and become active citizens. We recognise and value the 

contribution of volunteers and will provide access to training in production and 

broadcasting to encourage local creative talent and foster local traditions. We will run 

ongoing free basic radio skills and radio taster courses every quarter using peer 

group teaching as well as external professional radio training businesses such as 

Clyde Broadcasting and Media education along with college input too. Here, we will 

offer training classes in partnership with the local college (Jewel and Esk Valley 

College) who have agreed to volunteers accessing their NQ level “Introduction to 

Digital Media” course which includes 2 radio skills units. We hope to work with up 

to100 volunteers (including unemployed people and school pupils who will be offered 

work experience) in the first year of broadcasting developing their social capital and 

so delivering social gain for otherwise excluded people. Community groups too will 

be offered radio skills training through the volunteer programme. In sum, we will 

develop standards of practice and support on an inclusive basis for individuals and 

groups seeking to access local radio production, thereby stimulating job creation in 

the cultural, media and other industries. Ultimately our training and education 

programme will enhance individual employability skills especially among people 

suffering from disadvantage and social exclusion. We believe in personal 

development and achievement through learning/training and broadcasting. 

6.7 (Mandatory social gain objective) How do you propose to build a better 

understanding of your target community and strengthen links within it? 

The station will embed itself in community partnership networks and work closely with 

umbrella and individual community groups to foster community pride and self 

awareness of the work of the radio station and vice versa (action research). By 

working in partnership with community activists and groups the station will develop as 

an inclusive force for community social and cultural development. The station will act 

as a form of social glue and will work closely with community individuals, groups and 

projects to become self aware of what is going on in Midlothian and establish what 

the community want to do about community issues. The station will formally 

strategically link in with Midlothian’s Community Planning Partnership and 

Midlothian’s Community Learning Partnership to pick up on community concerns 

about health/social welfare/economic capacity/community safety/lifelong 

learning/environmental sustainability/delivery of public services/quality of life. These 

partnership bodies include partners from the private, voluntary and public sector 

including reps from Midlothian Council, Communities Scotland, the Health Board, 

Midlothian Association of Play, the Scottish Mining Museum the Jewel and Esk 

Valley College, Midlothian Voluntary Action, Volunteer Midlothian. The local 

enterprise company, the police, natural heritage are all partners in community 

planning. A key feature of the radio station’s social capital approach will be to 

regularly (quarterly) monitor our progress and evaluate how strong our community 

- 25 -


links are and to develop our planning commitment accordingly. Partnership with the 

likes of health, welfare and housing organisations (social landlords) will make the 

station a useful source of local information and output and thus develop community 

pride and make Midlothian a better place to live and work. Community planning and 

engagement is an evolving two way process and one to which the station subscribes 

firmly. Ours is a multi agency/joined up working approach to tackling social exclusion 

with a view to increasing community awareness and extending participation to 

otherwise excluded people. As part of the listening to the community process the 

station would host open days every six months and hold an annual workshop 

measuring progress against our objectives. Questionnaires, surveys, social audits 

and workshops will be used to identify community needs/interests and establish 

qualitative performance indicators. 

6.8 (Additional social gain objectives) Please include here details of any other 

ways in which your station intends to deliver social gain. 

We believe community radio is essential to promote community regeneration, social 

inclusion, active citizenship and lifelong learning and also improve public services. 

The radio station will bring a new way of working (for Midlothian anyway) to increase 

skills, confidence and network resources for the local community. By working with 

100 local people a year we believe many will further their personal, social and 

economic effectiveness and enable them to acquire skills, knowledge and 

understanding to enrich their lives and that of the community. We believe a high 

percentage of our charges will move in to employment as a result of their work with 

the station, while others who are already in work will be better placed for promotion 

purposes within their existing workplace. We will make a ‘linguistic impact’ by 

encouraging broadcasters to use local accent, dialects and expression and actively 

encourage people to express themselves in a clear and intelligible local manner. 

Contributors will improve their communication skills in the speech/language form of 

their choice that ties in with language use in the locality e.g. young people for 

example will be encouraged to broadcast in speech forms which other young people 

will enjoy (‘cool culture’). MCMA recognises the power of language as a tool of 

expression and power and we seek to stimulate originality of expression and diversity 

of voices. 

6.9 (Community Radio characteristic) How do you propose to provide 

members of your community with "opportunities to participate in the operation and 

management of the service"? 

Our Articles and Memorandum of Association explicitly commit the station to giving 

local people the opportunity to participate in the management and operation of the 

initiative – the ‘constitutional’ arrangements reflect our commitment to transparency, 

community empowerment and responsiveness to local demand. We will develop and 

run a community radio station that is owned and controlled by members of the 

community at large. The station is committed to an open door policy where local 

people can either volunteer, become members of the station advisory or sign up as 

directors (subject to legal qualification) – thus the station is ultimately accountable to 

the community it serves. Indeed, we have spent the last 6 months consulting with the 

public to get feedback on what they think (via community radio steering group 

meetings and emails via the station Web site) and their ideas have shaped the 

station. We recognise that community involvement is the foundation for success and 

understand that if the community has a sense of ownership of the station then it will 

have a greater chance of success. Volunteers will be made welcome and 

encouraged to get directly involved in the running of the station. 


- 26 -


6.10 (Community Radio characteristic) How do you propose to ensure that the 

intended community radio service "is accountable to the community it is intended to 

serve"? 

As part of the listening to the community process the station would host open days 

every six months and hold an annual workshop measuring progress against our 

objectives. Questionnaires, (telephone) surveys, social audits, focus groups and 

workshops will be used to identify community needs/interests and establish 

qualitative performance indicators. We will hold business meetings in public and 

make sure that the community knows in advance when and where such meetings will 

be held e.g. by advertising meetings on the Internet and placing posters/call to 

meetings in community facilities such as libraries and schools. Station staff and 

volunteers will consult with listeners using phone ins and invite letters to 

constructively suggest how we can improve the service. We will also use listener 

surveys to pick up on issues concerning the community and vox pops to engage 

people where they are. 

6.11 (Statutory selection criterion) What provision do you intend to make to 

allow for access by members of the target community to the facilities to be used for 

the provision of the service, and for their training in the use of such facilities? 

The station will have an open door/access all areas policy and we will develop 

learning opportunities within the station in consultation with local learners who will 

address issues to improve their life chances and build community capacity. We want 

to support the community and develop confident, able individuals and groups. Our 

training programmes and activities will be relevant to peoples’ needs and interests. 

Regular ongoing basic radio skills training will be on tap, with enhanced vocational 

competency based skills training available in conjunction with the local college. 

6.12 Other (Broadcast) Community Radio Objectives 

We believe community radio can help equalise power relationships in society by giving local 

people a voice. Here, we believe community radio to be a key tool to deliver social justice, 

social gain and community regeneration. We note the following objectives: 

• To deliver significant and quantifiable social gains, especially in the field of radio skills 

and life skills training of disadvantaged individuals; 

• To use community radio as a form of ‘community glue,’ or social intervention to promote 

social capital and so enhance social and economic welfare; 

• To use community radio as a means for making citizens more sophisticated consumers of 

public information allowing that audience to act in ways that benefit the community; 

• To encourage active citizenship by encouraging citizenship volunteering and so develop 

high degrees of social trust; 

• To use community radio as a means to increase the social networks/connections of 

people; 

• To use community radio as a means of developing civic association and shared cooperative 

norms; 

• To develop cultural capital including familiarity with society’s culture and the ability to 

understand and use radio language; 

• To recognise that community radio fosters freedom of expression and information, the 

development of culture and active participation in local life; 

• To use volunteering as a stimulus to develop social trust by engaging with communities 

such as unemployed people; 

• To develop experimental approaches to engaging local people, widening their horizons 

and so opening up employment opportunities for participants; 

• To foster linguistic diversity by broadcasting in local languages, dialect and intonation; 

• To develop community pride by letting people know what is happening in their area so 

- 27 -


empowering them; 

• To deliver social gain for the good of the community by giving voice to the community 

that the station serves and so develop community pride and better understanding of the 

community; 

• To showcase talent – giving a platform to folk who would otherwise be denied access to 

the cultural, entertainment, information, skills improvement and regeneration tool that is 

community radio; 

• To ensure the digital revolution does not bypass Midlothian people and groups; 

• To broadcast to excluded groups e.g. those at the margins of society by virtue of their 

race, culture, religion, social class, geographic location and those suffering from socio – 

economic disadvantage; 

• To promote a positive community profile; 

• To improve the delivery of public services by broadcasting information to hard to reach 

groups. 


- 28 -


6.13 Other (Non-Broadcast) Community Activities 

• MCMA staff and volunteers will attend regular meetings of other voluntary groups 

throughout Midlothian to promote community radio and encourage reciprocal involvement 

in the work of the station; 

• MCMA will engage in marketing, publicity and promotional activities of a non broadcast 

nature such as selling T shirts, mugs, pens, key rings; 

• MCMA will hold regular fund raising events; 

• MCMA will undertake listener phone surveys 

6.14 Other Information 

Please continue to Section Seven on next page. 

- 29 -


SECTION SEVEN – Programming. 



7.1 Programme Service 

Our objective is to be a ‘public’ service broadcaster running on a community programming 

format that engages with the community at large whilst also delivering very local and very 

niche services. Programming will reflect local life in all its aspects and involve a multitude of 

voices a la ‘peoples’ radio.’ As can be evidenced from the mock programming schedule 

(available on request) the focus of programme covers a wide range of community interests 

from programmes catering for the needs and interests of young people though to the elderly. 

Our programming reflects the diversity of community interests and individuals/groups – 

programmes for local people by local people. 

7.2 How will your proposed community radio service be different and distinct from 

existing (non-BBC) local radio services in the area concerned, and how will it 

broaden the range of programming offered in the locality? In addition, please explain 

how your proposed service will be of a nature or have a content distinct from that of 

any other local service with which it overlaps by fifty per cent or more in terms of 

population. 

Other stations covering Midlothian are ‘local’ or commercial national stations. They are not 

‘community’ broadcasters nor are they based on an ‘access’ community public service model. 

Other stations covering Midlothian tend not to provide micro level, relevant ‘community’ 

information, rather they tend to broadcast information of a macro or metropolitan area nature. 

Nor do such stations place a premium on encouraging active involvement in the running of 

their stations’ by local people. MCMA will deliver a distinctive community information diet of 

programmes to Midlothian’s disparate communities of interest - with a focus on programming 

for a wide range of community interests, reflecting the diversity of the community at large 

undertaken by members of the community and volunteers who will be trained to make 

programmes that meet the needs of their own community. A copy of sample programming 

schedule is available on request. This schedule has been developed in association with 

members of the public, community activists, community groups and school pupils. 

7.3 Music and Speech Output 

• Music output 80% - Speech output 20% - we would hope to achieve 75%-25% by 

incremental steps over the period of years 1-3 

• Types of music – rock/pop/R&B/classical & easy listening/country/punk/soundtrack/hip 

hop/soul/ballads/instrumental/jazz/blues/reggae/world music/live music/listener choice 

• Types of speech – vox pop/ poetry/readings/plays/reviews/live and recorded 

interviews/documentaries/sports/local and national news/phone ins/community 

spots/community reviews/discussions/community information broadcasts 

7.4 Type(s) of music output included 

Projected types of music by percentage breakdowns per genre: 

• Rock/pop/R & B/Hip hop/punk etc – 30% 

• Classical/easy listening/ballads – 25% 

• Country – 7% 

• Soundtrack/non classical instrumental – 2% 

• Live music – 5% 

• Jazz/blues – 5% 

• Scottish traditional Music 8% 

• Soul – 4% 

• Reggae – 2% 

• World Music – 2% 

• Listener choice – 10% 

- 30 -


7.5 Type(s) of speech output included 

Projected types of speech by percentage breakdowns: 

• Community/local and national news (including talking newspapers) – 20% 

• Community phone ins/discussion programmes – 10% 

• Community spots/community information broadcasts – 10% 

• Local History --- 5% 

• Writers groups ---5% 

• poetry/readings/plays/ - school children and adults 20% 

• reviews/live and recorded interviews – 15% 

• documentaries – 5% 

• sports – 10% 


- 31 -


7.6 Details of Third party Programming Sources 

Presently we have no arrangements planned for programming by third parties other than 

community groups being encouraged to make their own programmes – with the exception of 

using Press Association News coverage and news items supplied by external news agencies 

such as the Independent Radio News feed. Third party programming is something we would 

look at in our second year of operational programming. 

7.7 Broadcast Hours 

In year one of broadcasting we propose to broadcast 7 days a week between the hours of 

11am and 9pm If possible, we will offer a Wake-up to Midlothian programme between 7am- 

8.30am (Monday -Friday) followed by some automated output. In year two we intend to 

broadcast 24 hours per day with 

Midnight to 7am on automated output 

7.8 Automated Output 

We anticipate that automated output will account for 25% of the 7am – 9pm scenario and just 

fewer than 40% of the 24-hour schedule. We would hope to reduce this element to 30-35% 

over the period of the licence. This would be achieved using recorded materials being 

repeated and play out systems. We would use the OtsDJ programme, which provides a 

continuous flow of automated mixing. 

7.9 Broadcast Languages(s) 

We intend to broadcast almost exclusively in the English language in year one of operation. 

We will broadcast a version of the local newspaper and community information in Urdu and 

Gujerati to target a small number of isolated older people within the area. 

7.10 Commencement Date 

Target date for broadcasting in FM is August 2005, preceded by Netcasting from March 2005. 

Please continue to Section Eight on next page. 

- 32 -


SECTION EIGHT - Finance 

(For more information about the individual questions below, please refer to sections 8.1 to 8.5 of the accompanying notes). 

8.1 Capital, set-up Funding and Financial Support: Target £37,000 + in-kind development support £8,000 

Provider of funds 

(name and address, status 

of provider e.g. charitable 

foundation, company etc.) 

Midlothian Council 

Small Projects 

Regeneration Fund. 

Eskdaill Court 

Dalkeith, 

Midlothian EH22 3ZG 

Newbattle Community 

Learning Centre 

67 Gardiner Place 

Newtongrange 

Futurebuilders 

Communities Scotland 

91 Haymarket Terrace 

Edinburgh 

Awards for All Scotland, 

Highlander House, 

58 Waterloo Street, 

Glasgow G2 7DB 

Coalfields Regeneration 

Trust-Bridging the gap 

The e-centre 

Cooperage Way 

Alloa FK10 3LP 

Is funding 

in cash or 

in kind? 

Is this funding secured? Impact if 

funding is not secured / 

contingency arrangements. 

Cash Monies to purchase capital 

equipment- secured 

£1,500 

Monies for training -secured 

£1,500 

Kind Meeting room, training area, 

support assistant time, janitorial 

CLD worker support 

cash 

New seedcorn fund to aid 

community regeneration 

Up to £25,000 

Application form available in near 

future- contingency-social landlord 

- 33 - 

Terms and conditions placed on 

funding (if any). 

Must provide evaluation report 

progress report to management 

committee 

Outcome agreement 

Cash Grant secured - £2,000 Grant for capital. Must sign 

contract, keep to application, 

provide audited accounts and 

submit progress report 

cash 

Applications re open in April 

2005- max. 10k 

Capital 7K + 3K revenue 

% of 

Funding 

6.67% 

6.67% 

40% 

4.44% 

15.55% 

Amount of 

Funding (£s). 

£3,000 

£3,000 

£18,000* 

will apply for 

max. 

£2,000 

£7,000


Midlothian Council, 

Community Learning & 

Development, 

Fairfield House, 

8 Lothian Road, 

Dalkeith, 

Midlothian EH22 3ZG 

both 

£12,000K – 

(Please continue on an additional sheet if necessary). 


(£2k is secured cash and £5k 

represents staff time on 

consultancy and support). Part of 

Clyde Synergy System £5,000 

was purchased and will be on 

long-term loan to the stationagreement 

secured 

Contingency arrangement not 

required 

- 34 - 

Cash was provided to cover cost 

of legal, technical and application 

fees. 

Support provided during 

developmental phase 

Total Capital, set-up Funding and 

Financial Support: 

26.67% £12,000 

100% £45,000


SECTION EIGHT – FINANCE (continued) 

8.2 Capital and Set-Up Expenditure: 

Item Details £s 

Premises (including 

refurbishment and fitting out 

costs). 

Transmission Equipment: 

Studio Equipment: 

Pre-Launch Publicity and 

Marketing (if any): 

Other one off costs (please 

specify) 

Capital equipment already 

owned by group (at current 

replacement value) 

Working Capital 

(Contingency Reserves) 

Minor refurbishment including disabled toilet conversion and building of sound proofed booth. 

Rent is £2,600 pa for our premises –matching grant available from Council 

FM 30 and installation/technical fees 

- 35 - 

£ 8,500 

£ 12,500 

Broadcasting unit upgrade from Clyde Broadcasting; MP3, dictaphones, back up PC, recorder 

for output monitoring, CD player, mics/headphones/peripherals £8,000 

Website (http://www.midlothianradio.org.uk/); Flyers/posters for meetings – all produced by 

volunteers for free – costs though for printing. £500 

Desks/chairs/phones 

(Please continue on an additional sheet if necessary). 


Basic broadcasting unit purchased from Clyde broadcasting (August 2004) 

Development grant secured- revenue grant of £4,000 will add to reserves in 2005/06 (April) 

£500 

£5,000 

£2,000 

Total set up costs 37,000



8.3 Operating Costs 

OUTGOINGS Pre Launch Budget Year 1 Budget 

Items: 

Pre-launch 

6 to 3 

months (£s) 

Pre-launch 

Quarter (£s) 

On-Air 

Quarter 1 

(£s) autumn 

- 36 - 

On-Air 

Quarter 2 

(£s) winter 

On Air 

Quarter 3 

(£s) spring 

On-Air 

Quarter 4 

(£s) 

summer 

Year 1 

Totals (£s) 

General and Administration £500 £750 £750 £1000 £1000 £3,500 

- Staff incl recruitment costs in kind in kind 

£22,850 

incl on costs 

£22,850 £22,8500 

£91,400 

- Premises £650 £650 £650 £650 £2,600 

- Legal and Professional incl 

insurance/public liability 

£2,000 £750 

£ 750 

- Establishment/overheads 

Engineering 

£1,200 £1,500 £1,300 £1,000 £5,000 

Transmitter operating costs £700 £250 £250 call £250 £250 

PA incl maintenance site visit 

from Radica 

emergency out charge @ £50 hour 

£1,000 

- Other (specify) Netcasting 

Programming 

£350 £ 350 £ 350 

- Copyright fees £3,000 £3,000 £3,000 

- Music library (donated&stored Database computer system clyde synergy 

- News service (IRN) 

- Other (specify) 

£120 £120 

Marketing and promotion 

(where appropriate) 

Audience research (where 

£300 £200 

appropriate)-access to citizens 

panel 

------ ----------- ----------- ----------- ----------- ------------ 

Others (please 

specify)recruitment 

£2,000 

training £1300 £500 £500 £1,000 

Total Outgoings £8,150 £2,200 

108,720



- 37 -



8.4 Annual Income and Revenue Funding (Year 1) 

Provider of funds 

(name and address, 

status of provider e.g. 

charitable foundation) 

Volunteer input 

Futurebuilders 

Communities Scotland 

91 Haymarket Terrace 

Edinburgh 

Is this 

funding in 

cash or in 

kind? 

In kind 

cash 

Is this funding secured, 

impact if funding is not 

secured / contingency 

arrangements? 

9 Volunteers are already 

actively involved in station 

planning/training. We 

expect this number to 

increase to up to 100 

volunteers working with us 

in first year. We currently 

have 45 people signed up 

to getting involved when 

we get the station running. 

We equate this in kind 

time commitment to at 

least the financial 

equivalent of one senior 

full time paid member of 

staff including on costs 

Running Costs- balance of 

seedcorn grantcontingency-bid 

to 

McSense Community 

Business, Mayfield 

Industrial Estate, Dalkeith 

Terms and conditions 

placed on funding (if 

any): 

Not applicable 

Monitoring and 

evaluation 

- 38 - 

Anticipated % of 

Funding 

20% 

4.67% 

Amount of 

Funding (£s) 

(Year 1). 

£30,000 

£7,000


National Lottery- 

Community/Big Fund 

Highlander House 

58 Waterloo Street 

Glasgow 

Midlothian Council 

Education Division 

Fairfield House 

8 Lothian road 

Dalkeith 

Eh22 3ZG 

Local authority 

Coalfield 

Regeneration Trust 

Cooperage Way 

Alloa 

cash Station manager and 

administrator salary-+ 

some on costs 

contingency- Garfield 

Weston Foundation 

Cash 

Matching 

grant to 

off-set cost 

of 

premises 

In kind 

Not secured to April 2005 

Contingency- if only partial 

success go to small 

regeneration 

Projects fund run by 

council or community 

planning 

£2,600 grant for rental of 

premises to match 

application of renting 

premises at market rents, 

Contingency : use of 

converted storage area at 

Newbattle CL Centre 

Support to build the 

capacity of the Board of 

Directors 

Cash Balance of bridging gap 

Grant- contingency 

Ask local community 

centre for donations 


evaluation report 

Accounts to be 

Supplied 

£2,600 grant for 

rental of premises to 

match application of 

renting premises at 

market rents, 

Contingency : use of 

converted storage 

area at Newbattle CL 

Centre 

remain an 

organisation 

achieving social gain 


evaluation report 

- 39 - 

28.67% £43,000 

3 areas of 

support 

add in total to 

5.06 % 

£4,000 

£2,600 

£1,000 

2.00% £3,000


Voluntary Action Fund 

Comely Park 

Dunfermline 

Midlothian Voluntary 

Action 

4/6 White Hart Street 

Dalkeith 

Heritage Lottery fund 

28 Thistle Street 

Edinburgh 

EH2 1EN 

Total Income and 

Revenue Funding: 

Cash Employment of volunteer 

co-ordinator and on-costs 

Contingency-reduce to 0.5 

Fte and apply to other 

trusts 

kind 2 days a week of 

Community planning 

Officer time in order to 

engage young people in 

community planningsecured 

in principleawaiting 

staff appointment 

cash 

Production assistant and 

on-costs- contingency- 

switch emphasis to issuebased 

work within 

community planning- apply 

to the 

Community Voices Fund 

From Communities 

Scotland targeting 

community engagement 

Outputs met in terms 

of volunteer 

participation 

Evidence of working 

with young people 

Through the medium 

of radio to involve 

that age group in 

community planning 

Meet objectives in 

terms of programmes 

celebrating local 

heritage 

- 40 - 

16.94% £25,400 

7.33% 

15.33% 

100% 

£11,000 

£23,000 

£150,000


Commercial and other sources. 

Type of Income and Revenue Funding. 

On-air spot advertising : local retailers plus will try to attract advertising from Scottish 

Executive in terms of public information/advice. The council for specific services such as 

leisure, promotion of welfare rights etc 

Programme sponsorship: there are indications that cross-agency partnership dealing with 

childcare, drugs and alcohol, sexual health, community safety and healthy living may 

promote their work through programme sponsorship. 

Other commercial revenues (off-air sponsorship, merchandising etc.). Please specify. 

from sponsors – 

Midlothian Business in the Community to help us identify supportive businesses 

Other non-commercial revenues 

(Fund-raising, subscriptions, donations etc.). Please specify. Fund raising appeal 

campaign/race nights/discos etc. Midlothian Business in the Community will assist us to 

identify a high profile patron who can assist us to develop income streams 

Total Income and Revenue Funding: 


- 41 - 

Anticipated % of 

Funding 

33.33% £3,000 

33.33% £3,000 

11.11% £1,000 

Amount of 

Funding £s. 

22.22% £2,000 – 

100% 

£9,000



8.5 On-Air Commercial Activities 

Do you intend to seek commercial revenues? 

Will your proposed station carry on-air spot 

advertising? 

Will your proposed station carry on-air 

programme sponsorship? 

- 42 - 

Yes: (tick) 

v 

Yes: (tick) 

v 

Yes: (tick) 

v 

OR No: (tick) 

? 

OR No: (tick) 

? 

OR No: (tick) 

? 

What contingencies are in place in case commercial revenues for the proposed 

service do not achieve the anticipated levels? 

We intend to approach Scottish Business in the Community (Midlothian) to see if they can assist 

us to secure our advertising revenues from businesses. We have also asked Scottish Business in 

the Community (Midlothian) if they can help us source a patron (someone of some standing in 

the community) who we can work with to generate income streams. If commercial revenues fail 

to materialise we propose to engage a student placement as part of their course work to act as a 

‘professional’ fundraiser to make good the shortfall and generate positive cash flow. We also 

intend to encourage station volunteers to lead fund raising events. There is also potential to link 

to enterprise education schemes where pupils will help identify small businesses that may wish to 

advertise. 

Please continue to section nine on next page.


SECTION NINE - Engineering 



9.1 Please provide a description of your proposed transmission site 

Newbattle Community Learning Centre 

Gardiner Place 

Newtongrange 

EH22 4RT 

Mast to be erected on roof of Community Centre 

9.2 Please provide a National Grid Reference for your proposed transmitter site: 

National Grid Reference = NT 336 648 

9.3 Please tick this box to confirm you have included a map showing your 

proposed transmitter site location and the expected transmission coverage from it: 

Map supplied: Yes 

9.4 Please tick this box to confirm you have included a photograph of your 

proposed transmitter site 

Photograph supplied: (tick) q.v. 

9.5 Site Availability. Please tick those boxes below which best describe your 

group's situation regarding your proposed transmitter site(s). 

Site Identified Yes 

Agreement in Place: 

Under Negotiation 

NO 

yes 

Group Owns Site no-belongs to Council 

Site not yet identified ? 


- 43 -


9.6 Antenna Details 

(a) FM – Height of Antenna above Ground Level. 

12 to 14m depending on final engineering of mast Metres. 

(b) IS – Height of Transmitting Antenna? 

N/A 

(c) AM & FM – Assumed height of local ground above sea level. 

- 44 - 

Metres. 

88 Metres Metres. 

9.7 Radiated Power. Please complete the appropriate sections below. 

(a) If you are proposing to operate on AM, please give the Effective Monopole 

Radiated Power (EMRP) level you expect to need in order to cover your proposed 

service area. 

N/A 

Watts. 

(b) If you are proposing to operate on FM, please give the Effective Radiated 

Power (ERP) level you expect to need in order to cover your proposed service area. 

(Vertical Polarisation). 

25 Watts ERP Vertical 

Polarisation only 

Watts. 

(c) If you are proposing to operate on FM, please give the Effective Radiated 

Power (ERP) level you expect to need in order to cover your proposed service area. 

(Horizontal Polarisation) (if used). 

Not required 


Watts.


(d) Radiation (polar) Pattern. Please tick the appropriate box. If you tick the 

'Directional' box, please enclose horizontal radiation diagram(s), for the vertically 

polarised signal component, and for the horizontally polarised signal component (if 

used). 

Omni – Directional YES Directional ? . 

Diagram of Vertically 

Polarised signal component 

included 

? 

9.8 Engineering Compliance. 

- 45 - 

Diagram of Horizontally 

Polarised signal component 

included 

Equipment installation proposed to be carried out by CMAC Electronic Systems of 

Aberdeen. They will ensure a suitable directional coupler is fitted at the antenna 

transmission point to all compliance monitoring. 

9.9 Principal Transmission Equipment. 

(a) Transmitter (Manufacturer) (model) 

SBS Ltd 

FM30 Transmitter (Max output 30W) 

(b) Antenna (Manufacturer) (model) 

Radio Structures 

ENF 100 End fed Monopole 

(c) Limiter / Processing (manufacturer) (model) 

SBS Ltd 

Incorporated in 

FM30 Transmitter 

(d) Please provide a description of how these items of equipment will be 

configured, including details of any additional filtering you consider may be required. 

Audio from mixing desk is fed to the FM30 transmitter with its internal limiter providing 

over deviation protection. The factory specification of the FM30 should under most 

circumstances not require additional external filtering but this will be allowed for 

during installation in case any strong external signals are discovered with the potential 

to allow any intermodulation products to occur. Directional signal monitoring is 

provided via an EME or similar directional coupler. 

RDS is provided via an Aztec FMB10 RDS encoder coupled into the FM30 transmitter 

and with overall modulation level set to allow for RDS input. 

?



- 46 -


(e) Please provide details of the gain calculations used to arrive at the estimated 

ERP / EMRP figure required to cover the proposed service area of your station. 

Gain of ENF100 is published as 0dB(d). Losses in connecting co-ax feeder is currently 

estimated at 1.1 dB. Output power of transmitter to be set to compensate for feeder 

loss, with radiated power at 25 W erp. 

9.10 Radio Data System (RDS). If you are proposing to operate an FM service 

and want to transmit RDS data, please tick the box marked 'Yes', otherwise, tick 

'No'. 

Yes: (tick) Yes 

No: (tick) ? 

9.11 Transmitter Maintenance and Repair. 

Transmitter maintenance is proposed to be contracted to CMAC Electronic 

Systems, of Aberdeen. 

9.12 Studio Location 

A free-standing building in the grounds of the community centre has been 

earmarked for the studio @ 67,Gardiner Place, Newtongrange EH22 4RT. 

The building has been offices but most recently a judo hall and was vacated in june 

2004. The Education Division have asked the property services not to lease to another 

group and proposed a rent of £2,600. Contingency is to use part of the community 

centre. The Management Committee of the Centre have been supportive from the 

outset. 

Please continue to Section Ten on next page. 

- 47 -


SECTION TEN - Concluding Declaration. 

Do you confirm that, to the best of your knowledge and belief that: 

(1) The applicant is not a disqualified person in relation to the licence by 

virtue of the provisions of section 143 (5) of the Broadcasting Act 1996 

(relating to political objects); 

(2) No director, member or other person involved directly or indirectly in 

the management of the applicant group is the subject of a 

disqualification order as defined by section 145 (1) of the Broadcasting 

Act 1996; 

(3) No person involved in the application has been convicted within the 

past five years of an unauthorised broadcasting offence and that the 

applicant will do all it can to ensure that no person so convicted will be 

concerned in the provision of the service, the making of programmes 

included in it, or the operation of the radio station if the applicant is 

granted a licence; and 

(4) Any matters which might influence Ofcom's judgement as to whether 

the directors or members of the applicant group are fit and proper 

persons to participate in a radio licence have been made to Ofcom. 

Applicants should note that Ofcom reserves the right to revoke a licence if at 

any time any material statement made is found to be false and to have been 

made by the applicant or any member or officer thereof knowing it to be false, 

and that in the circumstances of section 144 of the Broadcasting Act 1996, the 

provision of false information or the withholding of relevant information with 

the intention of misleading Ofcom could incur a criminal conviction and a 

disqualification from the holding of a licence. 

I agree that the applicant conforms with the above v 

The ticked boxes below indicate which additional documentation is included as 

part of this application: 

Memorandum & Articles of Association v 

Certificate of Incorporation v 

Map of proposed transmitter site v 

Photograph of proposed transmitter site v 

Antenna pattern information v 

Declaration continues on next page… 

- 48 -


Others Documents (please provide details in box below) ? 

Volunteer charter 

Letters of support file 

Application Payment (UK £ 600.00) non-returnable v by CHAPS (17/11/04) 

I hereby apply to Ofcom for the grant of a licence for the Community Radio 

Licence described above and declare that the information given in this 

application and any additional documentation is, to the best of my knowledge 

and belief, correct. 

Name: John Ritchie 

Position: Director (designate) 

Date: 16/11/04 

Please tick this box to confirm that you have kept a copy of this 

completed application form for your records. 

Please tick this box to confirm that you have completed this form 

as completely as possible and that you have attached / sent any 

required additional documentation, together with the nonreturnable 

application fee of £600.00 

Please return this form and any additional electronic information by e-mail to: 

communityradio@ofcom.org.uk 

If there is any paper-based material associated with this application, please send it 

to: 

Community Radio Licensing 

Radio Planning & Licensing Team 3rd Floor 

Ofcom 

Riverside House 

2A Southwark Bridge Road 

London 

SE1 9HA 

Please make sure you keep a copy of this form for your records. 

Articles/Memorandum of Association follow on 

- 49 - 

v 

v


1.0 Interpretation 

THE COMPANIES ACT 1985 

COMPANY LIMITED BY GUARANTEE 

ARTICLES OF ASSOCIATION 

of 

MIDLOTHIAN COMMUNITY MEDIA ASSOCIATION 

(EH22 4RT) 

1.1 In these regulations, the words in the first column of the Table shall bear the meaning set 

opposite to them respectively in the second column, if not inconsistent with the subject or 

context: 

The Act The Companies Act 1985 

The 1989 Act The Companies Act 1989 

The Adoption Date The date of adoption of these regulations as the Articles of 

Association of the Association. 

The Articles The Articles of the Association 

The Association The Company formed to provide for the objects laid out in the 

Articles of Memorandum 

The Body Any Association, institution, or aggregate of persons whether 

incorporated or unincorporated 

Board of Directors The Board of Directors of the Association by which business of the 

Association shall be managed 

Registered Office Registered Office of the Association 

The Secretary The Secretary to the Association or any other person appointed to 

perform the duties of the secretary of the Association, including a 

joint assistant or deputy secretary 

In Writing Written, typewritten, printed or lithographed, or partly one and 

partly another, and other modes of representing or reproducing 

words in a visible form 

Words importing the singular shall include the plural and vice versa. 

1.2 Unless the context otherwise requires, words or expressions contained in these regulations 

bear the same meaning as in the Act, but excluding any statutory modification thereof not in 

force on the Adoption Date. 

2.0 Purpose 

2.1 The Association is established for the purpose expressed in the Memorandum of Association 

3.0 Members and Membership 

3.1 For the purposes of Articles 3.2 to 3.10 below, the Association shall have the following 

classes of membership: 

(i) Full Member, being any person aged 16 years or over at the time of membership 

being accepted who resides, is employed or studies within the area of benefit. 

(ii) Associate Member, being any person who is aged under 16 years at the time of 

membership being accepted and resides, is employed or studies within the area of 

benefit, or any person who is aged over 16 years at the time of membership being 

accepted and neither resides or is employed within the area of benefit. 

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(iii) Corporate Member, a body, operating in the area of benefit whether incorporated or 

unincorporated which wishes to affiliate to the Association in furtherance of common 

objects. 

3.2 The subscribers to the Memorandum of Association and such other persons as the Board of 

Directors shall admit to membership shall be Members of the Association or shall be 

Associate Members of the Association. 

3.3 There is no limit on the numb er of Members or on the number of Associate Members of the 

Association. 

3.4 Each person who wishes to be a member (whether Full or Associate) shall sign and deliver to 

the Association a written application for membership in such form as the directors require 

executed by him or her. 

3.5 Subject as in hereafter mentioned, the power of admitting Members to the Association and of 

admitting Associate Members to the Association shall be exercisable only by the Board of 

Directors. 

3.6 Associate Members of the Association shall be entitled to receive notice of and attend each 

Annual General Meeting of the Association but shall not be members of the Association for 

the purposes of the Act or the Association’s Memorandum of Association or Articles of 

Association and accordingly: 

(i) Particulars in relation to them shall not be entered in the Register of Members; 

(ii) They shall not be entitled to vote at any General Meeting of the Association; 

3.7 Associate Members shall be entitled to elect up to two young people who shall represent the 

interest of Associate Members and shall be entitled to vote at any General Meeting of the 

Association. 

3.8 Employees of the Association shall not be eligible for membership; a person who becomes an 

employee after admission to membership shall automatically cease to be a member. 

3.9 No body shall become a member of the Association unless it shall have agreed to become a 

member of the Association in furtherance of common objects. 

3.10 Such bodies as the Board of Directors shall admit to membership shall be Corporate Members 

of the Association, and shall be entered in the Register of Members accordingly. 

3.11 Corporate members shall elect from their number three representatives as voting members on 

behalf of the corporate membership at general meetings. 

3.12 Any member may at any time withdraw as a member of the Association by giving at least 

seven clear days written notice to the Association. On receipt of the notice by the 

Association, he or she shall cease to be a member. Membership is not transferable and shall 

cease on death, liquidation or winding-up. 

4.0 Termination of membership 

4.1 Subject to Articles 4.2 to 4.7, the Association may, by special resolution, expel any person 

from membership. 

4.2 The resolution must be passed by seventy-five per cent of the votes cast upon such a 

resolution at a meeting specially convened to consider such resolution. A quorum of 15 

members must be in attendance. 

4.3 Any member who wishes to propose at any meeting a resolution for the expulsion of any 

member from membership shall lodge with the Association written notice of his or her 

intention to do so (identifying the member concerned and specifying the grounds for the 

proposed expulsion) not less than six weeks before the date of the meeting. 

- 51 -


4.4. The Association shall, on receipt of a notice under the preceding article, forthwith send a copy 

of the notice to the member concerned and the member concerned shall be entitled to make 

written representations to the Association with regard to the notice. 

4.5 If representations are made to the Association in pursuance of the preceding article, the 

Association shall (unless such representations are received by the Association too late for it to 

do so: 

(i) State the fact of the representations having been made in the notice convening the 

meeting at which the resolution is to be proposed; and 

(ii) Send a notice of the representations to every person to whom notice of the meeting is 

or was given. 

4.6 Whether or not a copy of written representations has been given to each of the persons 

entitled to receive notice of the meeting, the person concerned shall be entitled to be heard on 

the resolution at the meeting. 

4.7 Failure to comply with any of the provisions of Articles 4.2 to 4.6 shall render any resolution 

for the expulsion of a person from membership valid. 

4.8 A person expelled from membership under Article 4.1 to 4.7 shall cease to be a member with 

effect from the time at which the relevant resolution is passed. 

5.0 Membership subscriptions 

5.1 Membership subscription shall be set by annual general meeting of the Association. 

5.2 The Board of Directors shall maintain a Register of Members, setting out the full name and 

address of each member, the date on which they were admitted to membership, and the date 

on which any person, or body, ceased to be a member. Access to such information will be 

restricted to named persons appointed or employed by the Board of Directors. 

6.0 General Meetings 

6.1 The Association shall hold a General Meeting in every calendar year as its Annual General 

Meeting, in addition to any other meetings in that year, and shall specify the meeting as such 

in the notices calling it. Not more than fifteen (15) months shall elapse between the date of 

one Annual General Meeting of the Association and that of the next. 

6.2 The first annual General Meeting of the Association shall be called not later than 18 months 

after the date of incorporation of the Association. 

6.3 The Annual General Meeting shall be held at such time and place, as the Board of Directors 

shall determine. 

6.4 The Business to be transacted at each Annual General Meeting of the Association shall 

include: 

(i) Consideration of reports of the Association’s activities and financial position, and of 

the income and expenditure account and balance sheets to be presented top the 

meeting; 

(ii) The election of honorary officers; 

(iii) The election/re-election of members of the Board of Directors whose term of office is 

due to expire; 

(iv) The appointment and fixing of remuneration of the Auditors to the Association; and 

(v) The setting of annual membership subscriptions for the coming year. 

(vi) Approving correct and accurate minutes of all meetings 

6.5 All General Meetings other than Annual General Meetings shall be called Extraordinary 

General Meetings. 

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6.6 The Board of Directors may, whenever it thinks fit, convene an Extraordinary General 

Meeting, and Extraordinary General Meetings shall also be convened if there is a valid 

requisition by members, as provided by Section 368 of the Act, or a requisition by a resigning 

Auditor (under Section 392A of the Act). 

6.7 An Annual General Meeting and a Meeting called for the passing of a Special Resolution 

shall be called by twenty-one (21) clear days notice at the least, and a Meeting of the 

Association, other than an Annual General Meeting or Meeting called for the passing of a 

Special Resolution, shall be called by at least 14 clear days notice in writing. 

6.8 The notice shall specify the place, the day and the hour of the meeting and, in the case of 

special business, the general, nature of that business, and shall be given, in manner hereinafter 

mentioned or in such other manner, if any, as may be prescribed by the Association in 

General Meeting to: 

(i) All members of the Association; 

(ii) Patrons of the Association; 

(iii) The members of the Board of Directors, including the Chair, Vice Chair and 

Treasurer; 

(iv) Any Associate members of the Association; and 

(v) The Auditors of the Association 

6.9 The accidental omission to give notice of a general meting to, or the non-receipt of such 

notice by, any person entitled to receive notice thereof shall not invalidate any resolution 

passed, or proceeding had, at any general meeting as long as notice of the meeting has 

appeared in the local press. 

7.0 Special resolutions and ordinary resolutions 

7.1 For the purposes of these articles, a “special resolution” means a resolution passed by at least 

seventy-five per cent (75%) of the votes cast on the resolution at an Annual General Meeting 

or Extraordinary General Meeting, providing proper notice of the meeting and of the intention 

to propose the resolution has been given in accordance with Articles 6.7 and 6.8. For the 

avoidance of doubt, the reference to a majority of 75% relates only to the number of votes 

cast in favour of the resolution, as compared with the number of votes cast against the 

resolution, and accordingly, no account shall be taken of abstentions or members absent from 

the meeting. 

7.2 In addition to the matters expressly referred to elsewhere in these articles, the provisions of 

the Act allow the Association, by special resolution: 

(i) To alter its name; 

(ii) To alter its memorandum of Association with respect to the Association’s objects; 

and 

(iii) To alter any provision of these articles or adopt new articles of Association. 

7.3 For the purposes of these articles, an “ordinary resolution” means a resolution passed by 

majority vote (taking account only of those votes cast in favour as compared with those votes 

cast against and, as applicable, the Chairperson’s second or casting vote, providing proper 

notice of the meeting and of the intention to propose the resolution has been given in 

accordance with Articles 6.7 and 6.8. 

8.0 Proceedings at General Meetings 

8.1 All business shall be deemed special that is transacted at an Extraordinary General Meeting, 

and also all that is transacted at an Annual General Meting, shall be deemed special, and with 

the exception of the business referred to in Article 6.4 above. 

- 53 -


8.2 No business shall be conducted at any General Meeting unless a quorum of members of the 

Association are present at the time when the Meeting proceeds to business; the quorum for a 

general meeting shall be ten (10) members of the Association present in person, or by 

representative appointed with Article 10.1 

8.3 If, within fifteen (15) minutes from the time appointed for the meeting, a quorum is not 

present, the Meeting, if convened on the requisition of members, shall be dissolved, in any 

other case, it shall stand adjourned to such other time and place as the Board of Directors may 

determine; and if at such adjourned Meeting a quorum is not present within fifteen (15) 

minutes from the time appointed for holding the meeting, the Members present shall be a 

quorum. 

8.4 The Chairperson shall preside and take the chair of any General Meeting; if the Chairperson is 

not present within fifteen (15) minutes after the time appointed for holding the meeting, or 

shall be unwilling to preside and take the chair, then members of the Board of Directors 

present shall choose one of their number to preside and take the chair. 

8.5 The chairperson may with the consent of any General Meeting at which a quorum is present 

(and shall if so directed by the meeting), adjourn the meeting from time to time, and from 

place to place, but no business shall be transacted at any adjourned meeting other than 

business left unfinished at the meeting from which the adjournment took place. When a 

Meeting is adjourned for thirty (30) days or more, notice of the adjourned Meeting shall be 

given as in the case of an original Meeting. Save as aforesaid, the Members shall not be 

entitled to any notice of an adjournment, or of the business to be transacted at an adjourned 

meeting. 

8.6 At any General Meeting, a Resolution put to the vote of the Meeting shall be decided on a 

show of hands. 

8.7 A declaration by the Chairperson of the Meeting that a Resolution has, on a show of hands, 

been carried or lost, or carried by a particular majority, and an entry to that effect in the book 

containing the Minutes of the proceedings of the Association, shall be conclusive evidence of 

the fact, without proof of the number of proportion of the votes recorded in favour or against 

that resolution. 

8.8 In the case of an equality of votes, the presiding Chairperson shall be entitled to a second or 

casting vote. 

8.9 Subject to the provisions of the Act, a Resolution in writing, signed by 75% of the members 

of the association (or, in the case of a body, of its duly elected representative) hall be as valid 

and effective if the same had been passed at a General Meeting duly convened and held. 

8.10 The Board of Directors shall be at liberty to invite any person or persons, not being a member 

or members of the Association, to attend and speak, but not to vote at any General Meeting of 

the Association. 

9.0 Votes of Members 

9.1 Every Member of the Association shall have one vote, which must be given personally or by 

representative appointed in accordance with Article 10.1 below. 

10.0 Representatives at Meetings 

10.1 Any body, which is a member of the Association, may be resolution of its directors or other 

governing body authorise such persons as it thinks fit (subject to a maximum number to be 

determined by the Board of Directors) to act as its representatives at any Meeting of the 

Association, and the persons so authorised shall be entitled to exercise all the powers of the 

body he or she represents. 

- 54 -


11.0 Board of Directors 

11.1 There shall be a Board of Directors constituted in accordance to the Articles. 

11.2 The maximum number of directors shall be twelve (12) and the minimum three (3) 

11.3 A person shall not be eligible for election or appointment as a director unless he or she is a 

member of the Association. 

11.4 At each Annual General Meting, the members may (subject to Article 11.2 above) elect any 

member, providing he or she is willing to act, to be a director. 

11.5 At the conclusion of each Annual General Meeting, one third of the directors shall retire 

from office, but shall then be eligible for re-election. 

11.6 The directors shall elect from among themselves a Chairperson and a Treasurer, and such 

other office bearers, if any, as they consider appropriate. 

11.7 The members of the Board of Directors shall act without remuneration for their services in the 

capacity as Board member, but Board members shall be paid all travelling, hotel and other 

expenses properly incurred by them in attending and returning from meetings of the Board of 

any committee thereof or General Meetings of or otherwise on the business of the 

Association. 

11.8 The Board of Directors may from time to time and at any time appoint any member of the 

Association as a member of the Board, either to fill a casual vacancy or by way of addition to 

the Board, provided that the maximum number of Board members prescribed in Article 11.2 

hereof shall not be exceeded. Any member so appointed shall retain his or her office only 

until the next Annual General Meeting of the Association, but shall thence eligible for reelection. 

Any member so appointed may in any event be removed at any time by a majority 

of the Association’s members. 

11.9 The Association may be Ordinary Resolution, of which special notice has been given in 

accordance with Section 379 of the Act, remove from office any member of the Board of 

Directors, notwithstanding anything in the articles or in any agreement between the 

Association and that member of the Board of Directors. 

11.10 The directors shall maintain a Register of Directors, setting out full details of each director, 

including the date on which her or she became a director, and also specifying the date on 

which any person ceased to hold office as director. 

12.0 Powers of the Board of Directors 

12.1 Subject to the provision of the Act, the Memorandum of Association and these Articles and 

subject to any directions as may be prescribed by the Association in general meeting, the 

business of the Association and its assets and undertakings shall be managed by the Board of 

Directors, who may exercise all the powers of the Association. 

12.2 All cheques, promissory notes, drafts, bills or exchange and other negotiable instruments and 

all receipts for monies paid to the Association shall be signed, drawn, accepted, endorsed or 

otherwise executed as the case may be in such manner as the Board of Directors from time to 

time by resolution may determine, and in the absence of such resolution by two of the Board 

members, or by one of the Board members and the Secretary of the Association for the time 

being. 

12.3 Any member of the Board who is in any way, whether directly or indirectly, interested in a 

contract or proposed contract with the Association shall declare the nature of his or her 

interest at a meeting of the Board of Directors, in accordance with the provisions of Section 

- 55 -


317 of the Act he or she will be debarred from voting on the question of whether or not the 

Association should enter into that arrangement. 

12.4 The members for the time being of the Board of Directors may act, notwithstanding any 

vacancy in their body; provided always that in case the members of the Board shall at any 

time be reduced in number to less than the minimum number prescribed by or in accordance 

with these articles, it shall be lawful for them to act as the Board of Directors for the purpose 

of admitting persons to membership of the Association, filling up vacancies in their body, or 

of summoning a general meeting, but not for any other purpose. 

13.0 Appointment of Secretary 

13.1 The Board of Directors shall from time to time appoint a Secretary either at such 

remuneration or as a volunteer (subject to the provisions of clause 5.1 of the Memorandum of 

Association) and upon such terms and conditions as they may think fit and any Secretary so 

appointed may be removed by them. 

14.0 Proceedings of the Board of Directors 

14.1 The Chairperson of the Board of Directors shall preside and take the chair at every meeting of 

the Board of Directors at which he/she is present, unless he/she is unwilling or unable to do 

so. If there is no Chairperson for the time being, or if the Chairperson is unwilling or unable 

to preside and take the chair, or is not present within five minutes after the time appointed for 

the meeting of the Board, the Vice Chairperson of the Board of Directors shall be the 

Chairperson of the meeting, if present and willing and able to preside, whom failing the 

members of the Board of Directors present shall choose one of their own number to be 

Chairperson of the meeting. 

14.2 Unless otherwise determined by the Association in General Meeting, the quorum for a 

meeting of the Board of Directors shall be three members of the Board of Directors. 

14.3 The Board of Directors may meet together for the despatch of business, adjourn and otherwise 

regulate its meetings as the as the Board of Directors by notice served on all members of the 

Board of Directors shall be decided by a majority of votes. In a case of equality votes, the 

Chairperson of the meeting shall have a second or casting vote. 

14.4 At the request of the Chairperson or any other members of the Board of Directors, the 

Secretary shall at any time summon a meeting of the Board of Directors by notice served on 

all members of the Board of Directors. The Board of Directors shall meet together for the 

despatch of business not less than six (6) times in each calendar year. A member who is 

absent from the United Kingdom shall not be entitled to receive notice of a meeting of the 

Management Board. 

14.5 The Board of Directors May, at its discretion, allow any person or persons whom they 

reasonable consider appropriate to attend and speak at any meeting of the Board of Directors; 

any such person who is invited to attend a meeting of the Board of Directors shall not be 

entitled to vote. 

14.6 All acts done bona fide by any meeting of the Board of Directors, or of any committee of the 

Board of Directors or by any person acting as a member of the Board of Directors shall, 

notwithstanding it be afterwards discovered that there was some defect in the appointment or 

continuance in office of any such member or person acting as aforesaid, or that they or any of 

them were disqualified from holding office, be as valid as if every such person had been duly 

appointed or had duly continued in office and was qualified to be a member of the Board of 

Directors. 

14.7 A Resolution in writing, signed by all members of the Board of Directors for the time being 

entitled to receive notice of a meeting of the Board of Directors shall be as valid and effective 

as if it had been passed at a meeting of the Board of Directors duly convened and held, and 

- 56 -


may consist of several documents in the like form each signed by one or more members of the 

Board of Directors. 

14.8 For the purposes of the Act and other statutory provisions and the common law, the members 

of the Board of Directors shall be the directors of the Association. 

15.0 Committees 

15.1 The Board of Directors may delegate any of their powers to A Committee or Committees 

consisting of such persons (whether or not being members of the Board of Directors) as the 

Board of Directors shall determine. Any Committee so formed shall in the exercise of the 

powers so delegated conform to any regulations imposed on it by the Board of Directors. 

15.2 The meetings and proceedings of such Committees shall be governed by the provisions of the 

Board of Directors so far as is applicable and so far as the same shall not be superseded by 

any regulation made by the Board of Directors. No Committee shall have the power to bind 

the Board of Directors without the prior approval of the Board. 

16.0 Patrons 

16.1 The Board of Directors may from time to time appoint such patrons of the Association as the 

Board may think fit, who will primarily assist the Association in charitable purposes or 

appeals from time to time conducted or undertaken by the Association. Any person may be so 

appointed whether or not he is also a member of the Association or of the Board of Directors. 

No remuneration (except by way of repayment of out-of-pocket expenses, if any) shall be paid 

in respect of any such honorary office. Save as aforesaid, every such appointment shall be for 

such period and on such terms as the Board of Directors shall think fit. 

17.0 Disqualification of directors 

17.1 A director shall automatically vacate office if: 

(i) he or she resigns office by a notice in writing to the Association; 

(ii) he or she becomes bankrupt or insolvent or apparently insolvent or shall suspend 

payment to, or compound with, his or her creditors; 

(iii) a receiver or judicial factor is appointed to the whole or any part of his or her 

property; 

(iv) he or she being a me mber of the Board of Directors ceases to hold office by virtue of 

any provision of the Act or is disqualified by law from being the director of a 

company; 

(v) he or she becomes incapable for medical reasons of fulfilling the duties of his or her 

office and such incapacity is expected to continue for a period of more than six 

months; 

(vi) he or she is removed from office by a resolution passed by a majority of at least 

seventy-five per cent (75%) of the full members of the Association present and 

voting at any General Meeting of the Association; or 

(vii) he or she becomes an employee of the Association 

18.0 Minutes 

18.1 The Board of Directors shall cause accurate minutes to be kept and made available to the 

membership: 

(i) Of all appointments of officers made by the Board of Directors or the 

Association in General Meeting; 

(ii) Of the names of the members of the Board of Directors present at each meeting of 

the Board of Directors and of any Committees of or established by he Board of 

Directors, and of any committee of or established by the Board of Directors. 

- 57 -


(iii) Of all decisions related to policy and the use of financial resources 

19.0 Accounts 

19.1 The Board of Directors shall cause to be kept proper books of account with respect to: 

(i) All sums of money received and expended by the Association and the matters in 

respect of which such receipt and expenditure take Place; 

(ii) All sales and purchases of goods by the Association; and 

(iii) The assets and liabilities of the Association. 

Proper books shall not be deemed to be kept if there are not kept such books account as are 

necessary to give a true and fair state of the Association’s arrears and to explain its 

transactions. 

19.2 The books of account shall be kept at the Registered Office or, subject to Section 222 of the 

Act, at such other place or places as the Board of Directors thinks fit, and shall always be 

open to the inspection of the members of the Board of Directors, representatives of funding 

bodies and to the membership by means of a resolution passed at a general meeting. 

19.3 The Management shall from time to time and in accordance with the Act cause to be prepared 

and laid before the Association in General Meeting an income and expenditure account, a 

balance sheet and report of the Board of Directors and a report of the Auditors of the 

Association on such account and balance sheet. The Auditor’s report shall be read before the 

General meeting, as required by the Act. 

19.4 A copy of every balance sheet (including every document required by law to be annexed 

thereto) which is laid before the Association in General Meeting, together with a copy of the 

Auditor’s report and a copy of the Board of Directors shall, not less than 21 clear days before 

the General Meeting, be sent to all persons entitled to receive notices of General meetings of 

the Association, provided that this article shall not require a copy of those documents to be 

sent to any person of whose address the Association is not aware. 

20.0 Audit 

20.1 Once at least in every year the accounts of the Association shall be examined and the 

correctness of the income and expenditure account and balance sheet ascertained by an 

auditor eligible under Sections 24 to 54 of the 1989 Act. 

20.2 Auditors shall be appointed and their duties regulated in accordance with the relevant 

Provisions of the Act, the members of the Board of Directors being treated as the directors 

mentioned in these provisions. 

21.0 Notices 

21.1 A notice may be served by the Association upon any member, either personally or by sending 

it through the post in a prepaid letter, addressed to such member at his or her registered 

address as appearing in the Register of Members. 

21.2 Any notice, if served by post, shall be deemed to have been served on the day following that 

on which the letter containing the same is put into the post, and in proving such service it shall 

be sufficient to prove that the letter containing the notice was properly addressed and put into 

the post office as a prepaid letter. 

22.0 Insurance 

22.1 Without prejudice to the provisions of Article 22.1 below, the Board of Directors shall have 

the power to purchase and maintain insurance for, or for the benefit of, any persons who are 

or were at any time directors (within the meaning of the Act), officers or employees of the 

Association including (without prejudice to the generality of the foregoing) insurance against 

liability incurred by any such person in respect of any act or omission in the actual or 

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purported execution and/or discharge of his or her duties and/or exercise of his powers and/or 

otherwise in relation to his or her duties, powers or offices in relation to the Association but 

excluding always any liability incurred by any such person as a result of any act or omission 

which any such person knew to be a breach of trust or breach of duty or which was committed 

by such person in reckless disregard of whether it was a breach of trust or breach of duty or 

not. 

24.0 Indemnity 

24.1 Every member of the Board of Directors and of every Committee of or established by the 

Board of Directors, the Director and any agent, Auditor, Secretary and other officer from time 

to time and or the time being of the Association shall be indemnified out of the assets of the 

Association against the liability incurred by him or her in defending proceedings, whether 

criminal or civil, in which judgement is given in his or her favour or in which he or she is 

acquitted or in connection with any application under Section 727 of the Act in which relief is 

granted to him or her by the Court. 

Dissolution 

24.1 The provisions of Clause 7 of the Memorandum of Association relating to the winding up and 

dissolution of the Association shall have effect as if the provisions thereof were repeated in 

the articles. 

THE COMPANIES ACT 1985 

COMPANY LIMITED BY GUARANTEE AND NOT HAVING SHARE CAPITAL 

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MEMORANDUM of ASSOCIATION 

MIDLOTHIAN COMMUNITY MEDIA ASSOCIATION (EH22 4RT) 

1. The company’s name is ‘Midlothian Community Media Association’ 

2. The company’s registered office is to be situated in Scotland 

3. This clause shall be interpreted as if it incorporated an over-riding qualification limiting 

the powers of the company such that any activity, which would otherwise be 

permitted by the terms of the clause, may be carried on only if that activity furthers a 

purpose which is regarded as charitable for the purposes of section 505 of the 

Income and Corporation Taxes Act 1988. (Including any statutory amendment or reenactment 

for the time being in force). Subject to that over-riding qualification, the 

company’s objectives are: 

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of 

a) To relieve poverty among residents of Midlothian (‘The Operating area’) 

b) To advance education among the residents of the operating area, particularly 

among young people and those who may feel socially excluded. 

c) To provide access to training, production and distribution facilities; encourage local 

creative talent and foster local traditions; and provide programmes for the benefit, 

entertainment, education and development of the local community; 

d) To promote, establish and operate other schemes of a charitable nature for 

the benefit of the community within the operating area. 

e) To promote the right to communicate, assist the free flow of information from 

diverse sources and opinions, encourage creative expression and contribute to the 

democratic process and a pluralist society; 

f) To seek to have their ownership representative of local geographically recognisable 

communities or of communities of common interest who 

are editorially independent of government, commercial and religious institutions and 

political parties in determining their programme policy and output. 

g) To provide a right of access to minority and marginalised groups and promote and 

protect cultural and linguistic diversity; 

h) To operate as an organisation which are not run with a view to profit and ensure their 

independence by being financed from a variety of sources; 

i) To recognise and respect the contribution of volunteers, recognise the right of paid 

workers to join trade unions and provide satisfactory working conditions for both. 

j) To operate management, programming and employment practices which oppose 

discriminations and which are open and accountable to all supporters, staff and 

volunteers. 

k) To foster exchange between community media associations using communications to 

develop greater understanding in support of peace, tolerance, democracy and 

development. 

. 

In pursuance of those aims (but not otherwise) the company shall have the following powers: 

i. To prepare, devise and organise educational programmes of various kinds. 

and training events for participants. 

ii. To design, produce and broadcast programmes by means of audio,video 

recording and display on the world wide web. 

iii. To advise in relation to, commission and/or conduct research projects and 

programmes and to publish and promote the findings of such research.


iv. To seek to exploit the potential of multi-media interactive new technology for 

the benefit of individuals employed/resident in the operating area. 

v. To liase with the Scottish Executive and related agencies, local authorities, 

local enterprise companies ,educational establishments, 

charitable/community benefit bodies and others all with a view to furthering 

the aims of the company. 

vi. To carry on any activity which may be advantageously carried on in 

connection with any of the objects of the company. 

vii. To acquire and take over the whole or any part of the undertaking and 

liabilities of any person entitled to any property or right suitable for any 

objects of the company. 

viii. To purchase, take on feu, lease, hire, take in exchange and otherwise 

acquire any property and rights, which may be advantageous for the 

purposes of the activities of the company. 

ix. To improve, manage, exploit, develop, turn to account and otherwise deal 

with all or any part of the undertaking, property and rights of the company. 

x. To sell, feu, let, hire, licence, give in exchange and otherwise dispose of all or 

any part of the undertaking, property and rights of the company. 

xi. To borrow money and give security for the payment of money by, or the 

performance of other obligations of, the company or any other person. 

xii. To draw, make accept, endorse, discount, negotiate, execute and issue 

cheques and other negotiable or transferable instruments. 

xiii. To renumerate any individual employment of the company and to establish, 

maintain and contribute to any person or superannuation fund for the benefit 

of, and to give or procure the giving of any donation, pension, allowance or 

renumeration to, and to make any payment for or towards the insurance of, 

any individual who is or was at any time on employment of the company and 

the spouse, widow/er, relatives and dependants of any such individual; to 

establish, subsidise and subscribe to any institution, association, club and 

fund which may benefit such a person. 

xiv. To oppose or object to any application or proceedings which may prejudice 

the company’s interests. 

xv. To enter into any arrangement with any organisation, government or authority 

which may be advantageous for purposes of the activities of the company 

and to obtain from any such organisation, government or authority any right, 

privilege or concession. 

xvi. To enter into any arrangement for the co-operation or mutual assistance with 

any charitable body, whether incorporated or unincorporated. 

xvii. To effect Insurance against risks of all kinds 

xviii. To invest funds not immediately required for the purpose of the company’s 

activities in such investments and securities (including land in any part of the 

world) and that in such manner as may from time to time be considered 

advantageous (subject to compliance with any applicable legal requirement) 

and to dispose of any activity which the company is authorised to carry on. 

xix. To establish and support any association or other unincorporated body 

having objects altogether or in part similar to those of the company and to 

promote any company or other incorporated body formed for the purpose of 

carrying on any activity, which the company is authorised to carry on. 

xx. To subscribe and make contributions to or otherwise support charitable 

bodies, whether incorporated or unincorporated and to make donations for 

any charitable purpose connected with the activities of the company or with 

the furtherance of its objects. 

xxi. To accept all subscriptions, grants, donations, gifts. legacies and 

endowments of all kinds, either absolutely or conditionally in trust for any of 

the objects of the company. 

xxii. To take such steps (by way of personal or written appeals, public meetings or 

otherwise) as may be deemed expedient for the purpose of producing 

contributions to the funds of the company, whether by way of subscriptions, 

grants, loans, donations or otherwise. 

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xxiii. To carry out any of these objects in any part of the world as principal, agent, 

contractor, trustee or in any other capacity and through an agent, contractor, 

sub-contractor, trustee or any person acting in any other capacity and either 

alone or in conjunction with others. 

xxiv. To do anything which may be incidental or conducive to the attainment of any 

of the objects of the company. 

And it is declared that: 

a) In this clause where the context so admits ‘property’ means any property, heritable or 

moveable, real or personal, wherever situated. 

b) In this clause and throughout this memorandum of association the word ‘charitable’ shall 

have the meaning ascribed to it for the purposes of section 505 of the Income and 

Corporation taxes Act 1988, including any statutory amendment of re-enactment for the 

time being in force. 

4) The income and property of the company shall be applied solely towards 

promoting the company’s objects (as set out in clause 3 of this memorandum 

of association). 

b) No part of the income or property of the company shall be paid or transferred 

(directly or indirectly) to the members of the company, whether by way of 

dividend, bonus or otherwise. 

c) No director of the company shall be appointed as a paid employee if the 

company; no director shall hold any office under the company for which a 

salary fee is payable. 

d) No benefit (whether in money or kind) shall be given by the company to any 

director except (i) repayment of out of pocket expenses or (ii) reasonable 

payment in return for particular services (not being of a management nature) 

actually rendered to the company. 

5) The liability of the members is limited. 

6) Every member of the company undertakes to contribute such amount as may be 

required (not exceeding £1.00) to the company’s assets if it should be wound up 

while he/she is a member or within one year after he/she ceases to be a member, for 

payment of the company’s debts and liabilities contracted before he/she ceases to be 

a member, and of the costs, charges and expenses of winding up, and for the 

adjustment of the rights of the contributors among themselves. 

7.1 If on the winding up of the company any property remains after satisfaction of all the 

company’s debts and disabilities, such property shall not be paid to or distributed 

among the members of the company but shall be transferred to some other charitable 

bodies (whether incorporated or unincorporated) whose objects are altogether or in 

part similar to the objects of the company and whose constitution restricts the 

distribution of income and assets among members to an extent at least as great as 

does clause four of this memorandum association. 

7.2 The body or bodies to which property is transferred under clause 7.1 shall be 

determined by the members of the company with the approval in writing of the First 

Minister at or before the time of dissolution or, failing such determination and 

approval, by such court as may have or may acquire jurisdiction. 

7.3 To the extent that effect cannot be given to the provision of clauses 7.1 and 7.2, the 

relevant property shall be applied to some other charitable object or objects. 

8.1 Accounting records shall be kept in accordance with all applicable statutory 

requirements and such accounting records shall in particular, contain entries from day 

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to day of all sums of money received, expended by the company and the matters in 

respect of which such receipt and expenditure take place, and a record of the assets 

and liabilities of the company; such accounting records shall be open to inspection at 

all times by any director of the company. 

8.2 The company’s auditors shall make a report to the members on the accounts 

examined by them and on every balance sheet and income and expenditure account 

and on all group accounts, copies of which are to be paid before the company in 

general meeting. 

We, the subscribers to this memorandum of association, wish to be formed into a company 

pursuant to this memorandum. 

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Black Diamond FM.rtf - Ofcom Licensing

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