Black Diamond FM.rtf - Ofcom Licensing
Black Diamond FM.rtf - Ofcom Licensing
Black Diamond FM.rtf - Ofcom Licensing
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Community Radio Licence<br />
Application Form<br />
<strong>Black</strong> <strong>Diamond</strong> <strong>FM</strong>
Public Version 1.0 30th July 2004.<br />
A. Please read the Notes of Guidance for Community Radio Licence Applicants before<br />
completing this form. For assistance with individual questions, please refer to the<br />
relevant sections of the application notes, which accompany this form.<br />
B. Please read this document carefully and then answer all the questions as fully and<br />
accurately as possible.<br />
C. Please complete this form in English. One typed copy should be sent by e-mail to:<br />
communityradio@ofcom.org.uk (if it is not possible to e-mail your application, please<br />
send one typed copy to the address below).<br />
D. Applications will be made available for public inspection on <strong>Ofcom</strong>’s website. Details of which<br />
parts of an application may be submitted in confidence are included on the first page of the<br />
'Application Notes' which accompany this form. If you wish to submit any information in<br />
confidence other than that which is indicated in the Application Notes, as being specifically<br />
permissible in such a form, confirmation that this is acceptable must be sought in advance, in<br />
writing from <strong>Ofcom</strong>'s Community Radio <strong>Licensing</strong> Team.<br />
E. If you are completing the form on behalf of some other company, please make this clear in an<br />
accompanying letter. You will need to provide evidence of your authority to act on behalf of<br />
the applicant. The form should be filled in so as to include information about the applicant, not<br />
about you acting on their behalf.<br />
F. Sufficient information must be supplied about the identity, composition and ownership of the<br />
applicant and any body which controls the applicant to ensure that the applicant may hold a<br />
community radio licence granted under the Broadcasting Act 1990 (as amended) in<br />
accordance with the Communications Act 2003 and under the Community Radio Order 2004.<br />
Before a licence is granted, further details may be required.<br />
G. In submitting this application you agree that, should a licence be granted, <strong>Ofcom</strong> may<br />
publish contact details for the licensee (specified in section 2.6) of this application form),<br />
which may include personal data, on the <strong>Ofcom</strong> web site and/or in other relevant<br />
publications.<br />
H. This application form covers the requirements of the Broadcasting Act 1990 (as amended)<br />
and the Wireless Telegraphy Act 1949. If the application is successful you will be issued<br />
with both a Broadcasting Act licence and a Wireless Telegraphy Act licence.<br />
Community Radio <strong>Licensing</strong>, Radio Planning & <strong>Licensing</strong> Team<br />
<strong>Ofcom</strong><br />
Riverside House<br />
2A Southwark Bridge Road<br />
London SE1 9HA.<br />
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Public Version 1.0 30th July 2004.<br />
SECTION ONE. OPENING STATEMENT.<br />
1.1 Opening Statement.<br />
Please provide a short introductory statement summarising the target community, the<br />
objectives of the service, and its broadcasting philosophy.<br />
(For more information please refer to section 1.1 of the accompanying notes).<br />
We will establish and develop a community owned and community led local radio project,<br />
which will not be for individual financial or commercial gain, but dedicated to serving the<br />
community as a communication tool. The radio station will be a controlled and managed local<br />
station with community programming reflecting Midlothian’s unique blend of community<br />
interests, cultural and linguistic diversity. It will deliver social gains and develop social capital<br />
through radio provision and training in radio skills for all community members, especially<br />
youth and socially excluded individuals. The access station will be rooted in the local<br />
community and accessible to all local people providing unique and appropriate Midlothian<br />
focused educational and entertainment programming. Quality training opportunities will be<br />
provided for local people to make and broadcast, their own programme productions, that will<br />
meet the needs of their local groups within the community – using community radio as a<br />
means of empowerment and personal development. It’s about radio of the community, for the<br />
community, by the community as well as education, entertainment, and empowerment<br />
It will provide a community communication platform accessible to all groups and individuals<br />
who have the democratic benefit of the community at heart . This community radio station will<br />
be created and run without distinction of race, creed, sex, caste, colour or age, It will seek to<br />
achieve and maintain the highest principles of democratic and moral broadcast standards.<br />
Please continue to Section Two on next page.<br />
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Public Version 1.0 30th July 2004.<br />
SECTION TWO – About your organisation and how to contact you.<br />
<strong>Ofcom</strong> needs information about your organisation and needs to be able to contact<br />
you.<br />
(For more information about the individual questions below, please refer to<br />
sections 2.1 to 2.7 of the accompanying notes).<br />
2.1 Proposed Name of Station<br />
<strong>Black</strong> <strong>Diamond</strong> <strong>FM</strong> (former Coalfield Heritage)<br />
2.2 Contact Address<br />
Newbattle Community Learning<br />
Centre, 67 Gardiner Place,<br />
Newtongrange,<br />
Midlothian<br />
Is this address:<br />
The main address of your organisation? V<br />
The registered office of your organisation? V?<br />
The home address of the main contact? ?<br />
Other contact details for your organisation, as applicable:<br />
Phone (work) +44 131 663-6055 Phone (home)<br />
Mobile number Fax number<br />
You must include the postcode EH22 4RT<br />
E-mail address admin@midlothianradio.org.uk<br />
Website address http://www.midlothianradio.org.uk<br />
2.3 Contact Name<br />
John Ritchie<br />
Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
2.4 Company Details: What type of organisation are you? Please tick the<br />
appropriate boxes and provide the additional information requested.<br />
Company Limited by Guarantee Waiting to be registered ? V *<br />
OR Registration Number:<br />
Date of Registration or Application:<br />
Company Limited by Shares ? Waiting to be registered ?<br />
OR Registration Number:<br />
Date of Registration or Application:<br />
2.5 Is your organisation a registered charity in England, Wales, Scotland or<br />
Northern Ireland? If so, please provide details here.<br />
Registered Charity Waiting to be registered V<br />
OR Registration Number:<br />
Date of Registration or Application:<br />
*The company are anxious to secure charitable status before forming the company limited by guarantee<br />
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2.6 Public Contact Details.<br />
For publication on the <strong>Ofcom</strong> website and/or in other relevant publications (published<br />
either by <strong>Ofcom</strong> or third parties directed by <strong>Ofcom</strong>) should a licence be granted.<br />
Contact Name<br />
John Ritchie,<br />
Contact Address<br />
Braeside Cottage,<br />
Robertson Bank,<br />
Gorebridge,<br />
Midlothian<br />
You must include the postcode<br />
EH23 4JT<br />
Other contact details for your organisation, as applicable:<br />
Phone number: 01875 822694<br />
Mobile number: 0775 4382602<br />
Fax number: +44 131 3751<br />
E-mail address: john@hogmanay.net<br />
Website address: http://www.midlothianradio.org.uk<br />
Section continues on next page…<br />
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2.7 Supporting Documentation.<br />
<strong>Ofcom</strong> needs to check that your organisation is eligible to operate a Community<br />
Radio service. Please tick the appropriate boxes to show which of the following<br />
documents you have provided:<br />
Certificate of Incorporation<br />
Memorandum & Articles of Association * V<br />
(Please make sure you include your organisation's name and postcode on the front<br />
page of the constitutional document(s) provided.)<br />
Please continue to Section Three on next page.<br />
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SECTION THREE – Ownership.<br />
Please provide the following information in relation to the directors of the applicant<br />
group.<br />
(For more information about the individual questions below, please refer to<br />
sections 3.1 to 3.15 of the accompanying notes).<br />
DIRECTORS- the following persons have expressed interest and commitment to<br />
become directors. Once charitable status is obtained, the formal application will be<br />
made to Companies House.<br />
3.1 Name of member and prospective director<br />
John Ritchie<br />
3.2 Contact Address<br />
Home address here<br />
Braeside Cottage, Robertson Bank,<br />
Gorebridge, Midlothian<br />
Other contact details<br />
You must include the postcode EH23 4JT<br />
Phone number 01875 822694 Mobile number 0775 438 2602<br />
Fax number E-mail address john@hogmanay.<br />
net<br />
3.3 Other Employment<br />
EdinburghGuide.Com<br />
3.4 Relevant interests<br />
Director is the Secretary of Midlothian Federation of Community Councils and editor of the<br />
Edinburgh Guide, the Internet “Gateway to Scotland’s capital.” Active in the community of<br />
Gorebridge and environs.<br />
3.5 Expected Role in Community Radio Station<br />
Responsible for programming (quality control of speech based output)<br />
PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE<br />
APPLICANT GROUP<br />
Section continues on next page…<br />
DIRECTORS<br />
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3.1 Name of member and prospective director<br />
Heather Dunn<br />
3.2 Contact Address<br />
6 Stoneyhill Road<br />
Musselburgh<br />
Other contact details<br />
You must include the postcode EH21 6TH<br />
Phone number +44 (0)131 663 6055 Mobile number 07890682863<br />
Fax number E-mail address Heather.dunn1@virgi<br />
n.net<br />
3.3 Other Employment<br />
After-school Care Organiser<br />
3.4 Relevant interests<br />
Work with children and youth work<br />
3.5 Expected Role in Community Radio Station<br />
Responsibility for child protection, volunteer and health/safety policies.<br />
PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE<br />
APPLICANT GROUP<br />
Section continues on next page…<br />
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DIRECTORS<br />
3.1 Name of member and prospective director<br />
Alan Watson<br />
3.2 Contact Address<br />
12 Bogwood Court<br />
Dalkeith<br />
Other contact details<br />
Phone number +44 (0)131 454 0590 Mobile number<br />
Fax number E-mail address<br />
3.3 Other Employment<br />
Unemployed community activist.<br />
3.4 Relevant interests<br />
Community radio, social housing. Media, music and bands.<br />
3.5 Expected Role in Community Radio Station<br />
Work with socially excluded groups<br />
You must include the postcode EH22 5DG<br />
PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE<br />
APPLICANT GROUP<br />
Section continues on next page…<br />
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DIRECTORS<br />
3.1 Name of member and prospective director<br />
Alexander Florence<br />
3.2 Contact Address<br />
117 Langlaw Road<br />
Mayfield<br />
Dalkeith You must include the postcode EH22 5AR<br />
Other contact details<br />
Phone number 0131-663-9609 Mobile number<br />
Fax number E-mail address<br />
3.3 Other Employment<br />
British Gas-fitter<br />
3.4 Relevant interests<br />
Work with young people and community organisation<br />
Director and Chairperson of Midlothian Young peoples’ Advice Service and<br />
Chair of Mayfield and Easthouses Drop-in Centre Association<br />
3.5 Expected Role in Community Radio Station<br />
Community Liaison<br />
PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE<br />
APPLICANT GROUP<br />
Section continues on next page…<br />
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DIRECTORS<br />
3.1 Name of member or prospective director<br />
Susan Hunter<br />
3.2 Contact Address<br />
41 Edmonstone Road<br />
Danderhall<br />
Other contact details<br />
Phone number O131-663-4481 Mobile number<br />
Fax number E-mail address<br />
3.3 Other Employment<br />
None<br />
3.4 Relevant interests<br />
Work with older people<br />
Danderhall Community Council<br />
Danderhall Welfare Association<br />
You must include the postcode EH22 1QH<br />
3.5 Expected Role in Community Radio Station<br />
Represent the views of older people<br />
Susan Hunter has expressed interest in being a Director. This will have to be confirmed at a<br />
general meeting due to age-related condition set by Companies House.<br />
PLEASE REPEAT QUESTIONS 3.1 – 3.5 FOR EACH DIRECTOR OF THE<br />
APPLICANT GROUP<br />
Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
3.6 Please provide the names and addresses of the members of the company. If<br />
the applicant is a company limited by shares, this information should be provided in<br />
respect of participants with an interest of more than 5 per cent in the applicant, as<br />
well as participants with an interest of more than 5 per cent in any body which<br />
controls the applicant.<br />
The prospective directors named previously are augmented by a number of<br />
people who will support the station. The company will be limited by guarantee<br />
not limited by shares. A list of people who are interested in joining the Association can be<br />
supplied.<br />
Please state whether the applicant or any member about whom information has been<br />
provided under question 3.6 above is involved in any of the activities listed below,<br />
and give the extent of such interest. For these purposes the applicant includes<br />
associates of the applicant (i.e. directors and their associates and other group<br />
companies). If any of the following categories do not apply, applicants must still<br />
complete this section, clearly indicating that this is the case by writing 'none' in each<br />
such section.<br />
3.7 Local Authorities<br />
Midlothian Council is supporting the application through limited grant funding and staff time to<br />
support the board and volunteers. The Local Authority’s input will be ‘hands off,’ at a distance.<br />
3.8 Bodies which are wholly or mainly of a political nature, or which are affiliated<br />
to such a body:<br />
Not applicable.<br />
3.9 Bodies whose objects are wholly or mainly of a religious nature:<br />
Not applicable.<br />
3.10 An individual who is an officer of a body falling within 3.9 above:<br />
Not applicable.<br />
3.11 An advertising agency or an associate of an advertising agency:<br />
Not applicable.<br />
Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
3.12 Other Broadcasting Act licensees, specifying which licences:<br />
Not applicable.<br />
3.13 Affiliations with other bodies not outlined above, (for example related charities<br />
or community groups):<br />
Midlothian Community Media Association is not affiliated to any other agencies but has<br />
decided to join the Community Media Association.<br />
3.14 Other matters which may influence the application.<br />
<strong>Ofcom</strong> requires that applicants should, at the time of making this application, notify<br />
<strong>Ofcom</strong> of any matters which might influence <strong>Ofcom</strong>’s judgement as to whether:<br />
a) any director/manager or the applicant group,<br />
or,<br />
b) any individual, or any director of a company, who will have an interest of 10<br />
per cent or more in the applicant group<br />
may not be considered a ‘fit and proper person’ to participate in a radio licence.<br />
Tick here if there are no reasons why <strong>Ofcom</strong> might consider the applicant not to be a<br />
fit and proper person to participate in a radio licence: v<br />
If you have not ticked the above box, please provide details on a separate<br />
sheet, such that this information may be kept confidential by <strong>Ofcom</strong>.<br />
3.15 Has the applicant made any other application to <strong>Ofcom</strong> (or its predecessor<br />
broadcast regulators – the ITC and the Radio Authority) for any licence within the last<br />
five years? If so, provide the licence reference number(s) and / or the name(s) of the<br />
service(s) for granted licence(s).<br />
Tick here if the Answer is No v<br />
If you have not ticked the above box, please provide details of here<br />
Please continue to Section Four on next page.<br />
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Public Version 1.0 30th July 2004.<br />
SECTION FOUR – Management.<br />
Please provide details of those individuals who will be responsible for management<br />
and policy-making process.<br />
4.1 Details of board, management committee or equivalent:<br />
John Ritchie<br />
Alan Watson<br />
Susan Hunter<br />
Alexander Florence<br />
Heather Dunn<br />
Contact details on previous pages<br />
Section continues on next page…<br />
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4.2 Indication of Staff structure, to include numbers of unpaid, (volunteer) staff<br />
positions and number of paid staff (if any):<br />
Manager/ Programme Controller -Paid Position - 36 Hours per week – Responsible to the<br />
board for all strategical and daily aspects of running the station including sound financing,<br />
marketing, training and programme production, supervising staff/volunteers and ensuring the<br />
station runs smoothly and that MCMA satisfactorily meets its legal and community<br />
commitments.<br />
Volunteer Co-ordinator<br />
Paid position – 36 hours per week –<br />
Responsible to the Manager for all aspects of volunteer management and organisation,<br />
including volunteer training and production of the station Annual Report. Will ensure<br />
volunteers are ‘professionally’ trained in use of station equipment and fully understand station<br />
policies including on air responsibilities. Also responsible through the Board for developing<br />
and implementing station policy<br />
On volunteering and other reasonable duties as determined by the Board.<br />
Production Assistant<br />
Paid position-36 hours per week- responsible to the manager/ programme controller for<br />
developing original programming by making contact with schools and community groups.<br />
Administrator<br />
Paid position – 36 hours per week – Responsible to the board through the programme coordinator<br />
for ensuring efficient administration of the project. Duties included answering the<br />
phone, dealing with general inquiries, supervising volunteers, dealing with routine finances<br />
(including salaries/invoices/payments/accounts), typing letters and reports and other<br />
reasonable duties as determined by the board, development worker and Manager.<br />
Volunteer Office Staff<br />
7 staff times 10 sessional hours per week per person = 70 hours.<br />
Unpaid positions – responsible to the board through the Station Manager, Volunteer Coordinator<br />
and Administrator. Responsible for ensuring the station runs smoothly and meets its<br />
programming commitments and obligations. Also helping with routine tasks such as answering<br />
the phone, fielding general inquiries, helping with programme production and presentation.<br />
Broadcasting/Production Volunteers<br />
Up to 100 per year (up to 25 per quarter) – minimum of 3 sessional hours per week per<br />
person.<br />
Unpaid positions – responsible to the board through the Station Manager, Volunteer Coordinator<br />
and Administrator. Responsible for researching, preparing and broadcasting<br />
programmes and for training new volunteers in how to use equipment (peer learning).<br />
Please continue to Section Five on next page.<br />
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Public Version 1.0 30th July 2004.<br />
SECTION FIVE – Community to be served<br />
The Community Radio Order 2004 defines a ‘community’ as<br />
(a) The persons who live or work or undergo education or training in a<br />
particular area or locality,<br />
or,<br />
(b) persons who (whether or not they fall within paragraph (a)) have one or more<br />
interests or characteristics in common.<br />
(For more information about the individual questions below, please refer to<br />
sections 5.1 to 5.3 of the accompanying notes).<br />
5.1 Description of the Target Community (or Target Communities).<br />
The station is intended to serve the East and Central Midlothian, a mixture of rural areas and<br />
small towns, including areas of deprivation such as Woodburn, Dalkeith which is officially in<br />
the 15 % most deprived communities in Scotland. Gorebridge and Mayfield, Dalkeith are in the<br />
20% most deprived areas. Specific communities of interest: ethnic, cultural and social will also<br />
be targeted for social gain, including community activists, community groups, schools,<br />
students, unemployed people, the elderly, those with disabilities.<br />
A regeneration outcome agreement will be in place by end of December 2004<br />
The area is larger than 5km but the population is dispersed.<br />
5.2 Community Demographics.<br />
MCMA will target the specific geographical communities of Midlothian covering Newtongrange<br />
(population 4,854), Mayfield (9,001), Gorebridge 6197), Dalkeith (11,552) and Danderhall<br />
(3,445) Bonnyrigg (9,964), Loanhead (6,639) plus the rural enclaves of North Middleton and<br />
Temple “The Socio Demographic Profile of Midlothian 2003,” reveals that the population of<br />
East and Central Midlothian is 58,000. Total population of Midlothian is 80,000 although initial<br />
plot would suggest that coverage in Penicuik is unlikely.<br />
Statistics also show that:<br />
Midlothian has 2,377 single parents; 33% of the working age population are on benefit; 1% of<br />
the population are from ethnic minority groups; 5% claim disability living allowance and 3,665<br />
claim incapacity benefit (7.3%);<br />
Other specific official statistics are available on request e.g. specific area ward breakdowns<br />
vis a vis number and types of households, family structure, age, gender, ethnicity, education<br />
attainment levels, unemployment by group type, benefit claims, health, social work referrals<br />
etc.<br />
5.3 Evidence of Local Demand and Support:<br />
Please continue to Section Six on next page.<br />
File of support letters attached. The station has the support of the midlothian community<br />
learning partnership which consists of members from the statutory and voluntary sectors<br />
A number of organisations have attended meetings of the group and others have pledged<br />
support<br />
Further and Higher Education is also involved in the partnership. Local writers and historians<br />
are interested in providing content to programmes.<br />
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SECTION SIX – Social Gain, Accountability and Access to Station.<br />
Every applicant for a community radio service must demonstrate that the proposed<br />
service would be provided primarily for the good of members of the public, or of the<br />
target community, and in order to deliver social gain. Applicants must provide<br />
evidence that their proposed service would result in the delivery of significant social<br />
gain to the public, or the target community. In addition, when deciding whether or to<br />
whom to award a community radio licence, one of the criteria to which <strong>Ofcom</strong> must<br />
have regard is the extent to which the proposed service would result in the delivery of<br />
social gain to the target community. The Community Radio Order lists four<br />
mandatory social gain objectives and a further (non-exhaustive) list of seven other<br />
social gain objectives that may be applicable.<br />
Please use the first three questions in this section (boxes 6.1 to 6.3) to answer<br />
general questions about how the applicant proposes to serve its target community.<br />
Explain (in boxes 6.4 to 6.7 below) how you propose to meet the four mandatory<br />
social gain objectives and explain (in box 6.8 below) what additional social gain<br />
objectives (if any) you intend to include as social gain objectives for your proposed<br />
service. For each of the objectives, please specify the nature of the targets involved<br />
and outline how you expect these to be achieved.<br />
In addition to social gain objectives, when considering applications, <strong>Ofcom</strong> is<br />
required to have regard to various underlying characteristics which define community<br />
radio services, some of which are relevant to this section of the application form,<br />
(boxes 6.9 and 6.10 below).<br />
In addition to the social gain objective concerning training for members of the target<br />
community or the wider public (box 6.6), the Community Radio order 2004 contains a<br />
further, slightly different, reference to training as a selection criterion. <strong>Ofcom</strong> is<br />
required to have regard to provision of training in the use of station facilities by<br />
members of the target community.<br />
Finally, this section of the application form also gives applicants the opportunity to<br />
detail other forms of community involvement (boxes 6.12 to 6.14).<br />
(For more information about the individual questions below, please refer to<br />
sections 6.1 to 6.14 of the accompanying notes).<br />
6.1 Addressing Community Needs. Please give a general overview of how you<br />
propose to ensure that your service will address community needs. In particular, the<br />
extent to which the service would cater for the tastes and interests of the target<br />
community, and broaden the range of programmes available by way of local services<br />
in the area to the target community.<br />
MCMA will be a ‘public good’ vehicle for community education, empowerment and<br />
entertainment and act as a form of community ‘social glue’. The station will deliver<br />
opportunities for community regeneration, community learning, community inclusion, training<br />
and employment and so make a valuable contribution to the community it serves. The radio<br />
service will deliver social gain putting back any social surplus generated into improving the<br />
operation of the service. The station will give voice to local people by allowing any member of<br />
the community it serves the opportunity to participate in the management and running of the<br />
service. MCMA will be the major source of on air local information, letting people know what is<br />
happening in their area. It will also broadcast local information on health, housing, transport,<br />
community safety, the environment, learning opportunities and raise awareness of events and<br />
issues – giving people a better understanding of the community in which they live so<br />
empowering them whilst also developing community pride. Other stations covering Midlothian<br />
tend not to provide micro level, relevant ‘community’ information, rather they tend to<br />
broadcast information of a macro or metropolitan area nature. Nor do such stations place a<br />
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premium on encouraging active involvement in the running of their stations’ by local people.<br />
MCMA will deliver information to Midlothian’s disparate communities of interest - with a focus<br />
on programming for a wide range of community interests, reflecting the diversity of the<br />
community at large. Members of the community will deliver programming. These volunteers<br />
will be trained to make programmes that meet the needs of their own community. A schedule<br />
has been developed in association with members of the public, community activists,<br />
community groups and school pupils. In the process, we will deliver significant and<br />
quantifiable social gains, especially in the field of radio skills and life skills training of<br />
otherwise disadvantaged or socially excluded individuals.<br />
Section continues on next page…<br />
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6.2 Targets and Milestones<br />
* Milestone – Sept 2004 – Broadcasting equipment purchased;<br />
* Milestone – Sept 2004 – 10 volunteers trained in basic radio skills by Clyde<br />
Broadcasting;<br />
* Milestone - November 2004 – Midlothian Community Media Association<br />
incorporated;<br />
* Target – Dec 2004 – 10 volunteers visit Clyde Broadcasting for station<br />
demonstration;<br />
* Target - Oct 2004/May 2005 – Get 15 local groups actively engaged in station;<br />
* Target/milestone - Nov 2004 – <strong>Ofcom</strong> radio licence application submitted by<br />
MCMA directors;<br />
* Target – Jan 2005 – 5 volunteers begin NQ level “Intro to Digital Media” course at<br />
Jewel and Esk Valley College – course includes 2 radio units;<br />
* Target/Milestone – March 2005 – MCMA to move into new ‘radio shack’ premises<br />
at Newbattle Community Learning Centre facilitated by staff and directors;<br />
* Target – March/May 2005– Up to 25 volunteers trained up per quarter in basic radio<br />
and other skills by MCR staff, local college/Clyde Broadcasting;<br />
* Target – March 2005 – Webcasting of station output begins – up to 12 hours per<br />
day facilitated by staff and volunteers;<br />
* Target - June 2005 – Quarterly review (March/April/May) of station’s progress –<br />
inputs/outputs/outcomes measured and assessed facilitated by station staff;<br />
* Target – June/August – Up to 25 volunteers trained up in quarter by MCR<br />
staff/volunteers local college and Clyde Broadcasting;<br />
* Target – June/August 2005 – 10 local groups engaged in radio programming;<br />
* Target/Milestone – August 2005 Official launch of station facilitated by station<br />
directors, staff and celebrity;<br />
* Target/Milestone – August 2005 - MCMA 3 Full time staff appointed by Directors;<br />
* Target - August 2005 – Station begins broadcasting on <strong>FM</strong>, 16 hours per day –<br />
assuming <strong>Ofcom</strong> grants radio licence – facilitated by station staff and volunteers;<br />
* Target –August 2005 - 6 monthly focus group/listeners forum facilitated by station<br />
directors staff and volunteers;<br />
* Target - Sept 2005 – Quarterly review (June/July/August) of station’s progress and<br />
performance – inputs/outputs/outcomes measured and assessed – facilitated by<br />
station staff;<br />
* Target – Sept 2005 - station open day/community feedback workshop;<br />
* Target - Sept/Oct/Nov – Up to 25 volunteers trained by MCMA staff/volunteers and<br />
local college/Clyde Broadcasting staff;<br />
* Target – Sept/Nov 2005 – 10 community groups involved in station work;<br />
* Target - Dec 2005 – Quarterly review (Sept/Oct/Nov) of station’s progress and<br />
performance;<br />
* Target – Dec 2005/Jan/Feb 2006 – Up to 25 volunteers trained up by MCMA<br />
staff/volunteers, local college and Clyde Broadcasting;<br />
* Target – Feb 2006 - 6 monthly group/listeners’ forum facilitated by station directors<br />
staff and volunteers;<br />
* Target - March – Quarterly review (Dec/Jan/Feb) of station’s progress and<br />
performance facilitated by station staff;<br />
* Target – March 2006 – station open day/community feedback workshop;<br />
* Target – March/April/May 2006 – Up to 25 volunteers trained up by MCMA<br />
staff/volunteers and local college/Clyde Broadcasting;<br />
* Target – March/May 2005 – 15 community groups engaged by station;<br />
* Target - March 2006 – Annual Report – produced by station staff;<br />
* Target - June 2006 – Quarterly review (March/April/May) facilitated by station staff;<br />
* Milestone - July 2006 Station AGM and submission of Annual Accounts to<br />
Companies House – facilitated by station directors’, staff and station<br />
accountant/auditor;<br />
* Target – June/July/August 2006 – Up to 25 volunteers trained up by MCMA<br />
staff/volunteers and local college/Clyde Broadcasting.<br />
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6.3 Numbers Involved<br />
MCMA intends to employ up to 4 full time members of staff and work with up to 100<br />
volunteers per year (up to 25 per quarter) in the first year of activity. Volunteers will<br />
be paid expenses only.<br />
It is envisaged that the numbers of volunteers will increase exponentially over time as<br />
the station becomes established as per the following Ghant Chart:<br />
Oct 04 - May 05 June - Aug 05 Sept - Nov 05 Dec 04 - Feb 06 March - May 06<br />
30 volunteers 20 volunteers 20 Volunteers 25 volunteers 35 volunteers<br />
Trained up in trained up. Trained up. Trained up. Trained up.<br />
Basic radio 10 new groups 10 new groups 15 new groups 15 new groups.<br />
skills. 15 local involved in station. engaged. engaged.<br />
groups actively<br />
involved.<br />
June – Aug 06<br />
40 volunteers<br />
trained up.<br />
15 new community<br />
groups access station/<br />
get involved in<br />
programming.<br />
6.4 (Mandatory social gain objective) Explain how you have identified your<br />
target audience(s) (defined in Section 4) as including individuals "who are otherwise<br />
underserved" and explain what appropriate radio programming you intend to provide.<br />
MCMA will focus on underserved target audiences using demographic data provided by the<br />
2001 census and local, labour market, socio - economic and community ‘intelligence’ data to<br />
inform programming schedules. We will also work with indigenous local umbrella groups to<br />
identify target audiences e.g. The Federation of Midlothian Community Councils, Midlothian<br />
Voluntary Action, Midlothian Volunteer First, Midlothian Council. MCMA will offer community<br />
residents, activists and community groups the opportunity to provide a running reflective radio<br />
digest, a mirror of local life in all its aspects, involving a multitude of local voices. Community<br />
programming will see the station engage with small communities and neighbourhoods and<br />
communities of interest. We will broadcast a range of programmes to the ears of those who<br />
would otherwise be excluded from the benefits of community radio services. MCMA will<br />
deliver very local, very niche, programmes of interest to unemployed people, retired folk,<br />
young children, youths, students, lone parents, ethnic minorities, older people, community<br />
activists. We intend to have live events covered also e.g. gala days, junior football matches,<br />
village fetes, Brass in the Park, Schools Festival of Music. Programmes will be formed around<br />
community concerns/issues/themes, such as local sports coverage, local history<br />
programmes, and school pupil music/information. Groups will be encouraged to make their<br />
own issue based programmes and give interviews on their work. Direct marketing, brand<br />
awareness campaigning, leafleting, email mail shots, newsletter updates, press releases,<br />
broadcast appeals, letters to interested groups and segmented advertising will be used to get<br />
individuals and groups on air or involved in station management. We project that we will work<br />
with 65 community groups/agencies and 100 volunteers in the first year of broadcasting e.g.<br />
Midlothian Voluntary Action, Midlothian Community Transport, Midlothian Volunteer First,<br />
Midlothian Writers’ Group, community councils’. These are people/groups that otherwise<br />
would be excluded from the opportunity to access radio facilities and take part in radio<br />
production/broadcasting.<br />
6.5 (Mandatory social gain objective) Explain how your proposed service will<br />
"facilitate discussion and the expression of opinion".<br />
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MCMA will satisfy the demand for access to broadcasting resources by underserved<br />
communities. MCMA will not only act as a training nursery for new radio talent it will<br />
serve as an on air forum for public debate and discussion of issues affecting the local<br />
community. MCMA will be a vehicle, or mirror, that will reflect what is happening in<br />
the community and allow underserved groups to seize on community radio as a<br />
means of empowerment, entertainment, active citizenship and personal<br />
development. MCMA will be the new grassroots ‘medium’ that local people and<br />
groups can articulate to get their ‘message’ out. Thus, the station will provide a multi<br />
media platform, which is wholly inclusive and reflective of the diversity of communities of<br />
interest in the greater Midlothian area especially for the articulation of the voices of the less<br />
dominant, less powerful members of society. MCMA is committed to an equal rights<br />
opportunity policy in terms of airtime representation. This means MCMA will target and<br />
engage with as broad a range of local community individuals and agencies as possible. Here,<br />
between 10 and 15 new community groups and 20 –25 new volunteers per quarter will be<br />
targeted and brought on board hitching their wagon to the station’s train. The station will also<br />
broadcast topical phone in and discussion programmes as well as interesting documentaries<br />
and local human interest stories that will catalyse lively debate on issues/topics that<br />
mainstream metropolitan area radio stations tend not to focus on. We will encourage<br />
community groups to make their own issue based programmes and give interviews on local<br />
matters. Groups will be encouraged to make programmes that feature their work e.g. with the<br />
elderly, disabled people, children and youths. We would expect to solicit 500 letters and<br />
emails per year and 2,000 phone calls in the first year of the broadcasting. Listeners will be<br />
encouraged to participate by phone, letter and email interaction and postings to our bulletin<br />
board on the radio W3 site. The feedback loop mechanism will help to build community<br />
identity, encourage active citizenship and combat isolation as the expressive communications<br />
medium of radio broadens into the hands and ears of as many local people as possible. We<br />
will also use vox pops and listener surveys to ensure that the concerns of local people are<br />
picked up on.<br />
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6.6 (Mandatory social gain objective) Explain how you propose to provide<br />
education and / or training to individuals not employed by your organisation.<br />
Our Volunteer Policy (document attached) reflects the station’s inclusive commitment<br />
to offering participation and training opportunities to all members of the Midlothian<br />
community to develop radio skills. Our objective for training is that of developing<br />
competence and confidence – improving self- knowledge, self esteem and<br />
transferable and core skills such as ICT in the process. Training will be offered in<br />
areas such as admin, problem solving, writing, and interview and management skills.<br />
Our ethos is that of making people welcome and our vision is that of developing the<br />
potential of volunteers through lifelong learning and therein provide socially just<br />
opportunities to the benefit of all members of the community. We are actively seeking<br />
to recruit volunteers from all backgrounds, especially disadvantaged backgrounds<br />
(e.g. lone parents, women, ethnic minorities, and the unemployed) and of all ages<br />
(e.g. youths and pensioners) so that the station’s work will reflect the nature of the<br />
community at large. Presently we are working with local schools using radio skills to<br />
facilitate personal, social and educational development of young people so that they<br />
can gain a voice in society and become active citizens. We recognise and value the<br />
contribution of volunteers and will provide access to training in production and<br />
broadcasting to encourage local creative talent and foster local traditions. We will run<br />
ongoing free basic radio skills and radio taster courses every quarter using peer<br />
group teaching as well as external professional radio training businesses such as<br />
Clyde Broadcasting and Media education along with college input too. Here, we will<br />
offer training classes in partnership with the local college (Jewel and Esk Valley<br />
College) who have agreed to volunteers accessing their NQ level “Introduction to<br />
Digital Media” course which includes 2 radio skills units. We hope to work with up<br />
to100 volunteers (including unemployed people and school pupils who will be offered<br />
work experience) in the first year of broadcasting developing their social capital and<br />
so delivering social gain for otherwise excluded people. Community groups too will<br />
be offered radio skills training through the volunteer programme. In sum, we will<br />
develop standards of practice and support on an inclusive basis for individuals and<br />
groups seeking to access local radio production, thereby stimulating job creation in<br />
the cultural, media and other industries. Ultimately our training and education<br />
programme will enhance individual employability skills especially among people<br />
suffering from disadvantage and social exclusion. We believe in personal<br />
development and achievement through learning/training and broadcasting.<br />
6.7 (Mandatory social gain objective) How do you propose to build a better<br />
understanding of your target community and strengthen links within it?<br />
The station will embed itself in community partnership networks and work closely with<br />
umbrella and individual community groups to foster community pride and self<br />
awareness of the work of the radio station and vice versa (action research). By<br />
working in partnership with community activists and groups the station will develop as<br />
an inclusive force for community social and cultural development. The station will act<br />
as a form of social glue and will work closely with community individuals, groups and<br />
projects to become self aware of what is going on in Midlothian and establish what<br />
the community want to do about community issues. The station will formally<br />
strategically link in with Midlothian’s Community Planning Partnership and<br />
Midlothian’s Community Learning Partnership to pick up on community concerns<br />
about health/social welfare/economic capacity/community safety/lifelong<br />
learning/environmental sustainability/delivery of public services/quality of life. These<br />
partnership bodies include partners from the private, voluntary and public sector<br />
including reps from Midlothian Council, Communities Scotland, the Health Board,<br />
Midlothian Association of Play, the Scottish Mining Museum the Jewel and Esk<br />
Valley College, Midlothian Voluntary Action, Volunteer Midlothian. The local<br />
enterprise company, the police, natural heritage are all partners in community<br />
planning. A key feature of the radio station’s social capital approach will be to<br />
regularly (quarterly) monitor our progress and evaluate how strong our community<br />
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links are and to develop our planning commitment accordingly. Partnership with the<br />
likes of health, welfare and housing organisations (social landlords) will make the<br />
station a useful source of local information and output and thus develop community<br />
pride and make Midlothian a better place to live and work. Community planning and<br />
engagement is an evolving two way process and one to which the station subscribes<br />
firmly. Ours is a multi agency/joined up working approach to tackling social exclusion<br />
with a view to increasing community awareness and extending participation to<br />
otherwise excluded people. As part of the listening to the community process the<br />
station would host open days every six months and hold an annual workshop<br />
measuring progress against our objectives. Questionnaires, surveys, social audits<br />
and workshops will be used to identify community needs/interests and establish<br />
qualitative performance indicators.<br />
6.8 (Additional social gain objectives) Please include here details of any other<br />
ways in which your station intends to deliver social gain.<br />
We believe community radio is essential to promote community regeneration, social<br />
inclusion, active citizenship and lifelong learning and also improve public services.<br />
The radio station will bring a new way of working (for Midlothian anyway) to increase<br />
skills, confidence and network resources for the local community. By working with<br />
100 local people a year we believe many will further their personal, social and<br />
economic effectiveness and enable them to acquire skills, knowledge and<br />
understanding to enrich their lives and that of the community. We believe a high<br />
percentage of our charges will move in to employment as a result of their work with<br />
the station, while others who are already in work will be better placed for promotion<br />
purposes within their existing workplace. We will make a ‘linguistic impact’ by<br />
encouraging broadcasters to use local accent, dialects and expression and actively<br />
encourage people to express themselves in a clear and intelligible local manner.<br />
Contributors will improve their communication skills in the speech/language form of<br />
their choice that ties in with language use in the locality e.g. young people for<br />
example will be encouraged to broadcast in speech forms which other young people<br />
will enjoy (‘cool culture’). MCMA recognises the power of language as a tool of<br />
expression and power and we seek to stimulate originality of expression and diversity<br />
of voices.<br />
6.9 (Community Radio characteristic) How do you propose to provide<br />
members of your community with "opportunities to participate in the operation and<br />
management of the service"?<br />
Our Articles and Memorandum of Association explicitly commit the station to giving<br />
local people the opportunity to participate in the management and operation of the<br />
initiative – the ‘constitutional’ arrangements reflect our commitment to transparency,<br />
community empowerment and responsiveness to local demand. We will develop and<br />
run a community radio station that is owned and controlled by members of the<br />
community at large. The station is committed to an open door policy where local<br />
people can either volunteer, become members of the station advisory or sign up as<br />
directors (subject to legal qualification) – thus the station is ultimately accountable to<br />
the community it serves. Indeed, we have spent the last 6 months consulting with the<br />
public to get feedback on what they think (via community radio steering group<br />
meetings and emails via the station Web site) and their ideas have shaped the<br />
station. We recognise that community involvement is the foundation for success and<br />
understand that if the community has a sense of ownership of the station then it will<br />
have a greater chance of success. Volunteers will be made welcome and<br />
encouraged to get directly involved in the running of the station.<br />
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6.10 (Community Radio characteristic) How do you propose to ensure that the<br />
intended community radio service "is accountable to the community it is intended to<br />
serve"?<br />
As part of the listening to the community process the station would host open days<br />
every six months and hold an annual workshop measuring progress against our<br />
objectives. Questionnaires, (telephone) surveys, social audits, focus groups and<br />
workshops will be used to identify community needs/interests and establish<br />
qualitative performance indicators. We will hold business meetings in public and<br />
make sure that the community knows in advance when and where such meetings will<br />
be held e.g. by advertising meetings on the Internet and placing posters/call to<br />
meetings in community facilities such as libraries and schools. Station staff and<br />
volunteers will consult with listeners using phone ins and invite letters to<br />
constructively suggest how we can improve the service. We will also use listener<br />
surveys to pick up on issues concerning the community and vox pops to engage<br />
people where they are.<br />
6.11 (Statutory selection criterion) What provision do you intend to make to<br />
allow for access by members of the target community to the facilities to be used for<br />
the provision of the service, and for their training in the use of such facilities?<br />
The station will have an open door/access all areas policy and we will develop<br />
learning opportunities within the station in consultation with local learners who will<br />
address issues to improve their life chances and build community capacity. We want<br />
to support the community and develop confident, able individuals and groups. Our<br />
training programmes and activities will be relevant to peoples’ needs and interests.<br />
Regular ongoing basic radio skills training will be on tap, with enhanced vocational<br />
competency based skills training available in conjunction with the local college.<br />
6.12 Other (Broadcast) Community Radio Objectives<br />
We believe community radio can help equalise power relationships in society by giving local<br />
people a voice. Here, we believe community radio to be a key tool to deliver social justice,<br />
social gain and community regeneration. We note the following objectives:<br />
• To deliver significant and quantifiable social gains, especially in the field of radio skills<br />
and life skills training of disadvantaged individuals;<br />
• To use community radio as a form of ‘community glue,’ or social intervention to promote<br />
social capital and so enhance social and economic welfare;<br />
• To use community radio as a means for making citizens more sophisticated consumers of<br />
public information allowing that audience to act in ways that benefit the community;<br />
• To encourage active citizenship by encouraging citizenship volunteering and so develop<br />
high degrees of social trust;<br />
• To use community radio as a means to increase the social networks/connections of<br />
people;<br />
• To use community radio as a means of developing civic association and shared cooperative<br />
norms;<br />
• To develop cultural capital including familiarity with society’s culture and the ability to<br />
understand and use radio language;<br />
• To recognise that community radio fosters freedom of expression and information, the<br />
development of culture and active participation in local life;<br />
• To use volunteering as a stimulus to develop social trust by engaging with communities<br />
such as unemployed people;<br />
• To develop experimental approaches to engaging local people, widening their horizons<br />
and so opening up employment opportunities for participants;<br />
• To foster linguistic diversity by broadcasting in local languages, dialect and intonation;<br />
• To develop community pride by letting people know what is happening in their area so<br />
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Public Version 1.0 30th July 2004.<br />
empowering them;<br />
• To deliver social gain for the good of the community by giving voice to the community<br />
that the station serves and so develop community pride and better understanding of the<br />
community;<br />
• To showcase talent – giving a platform to folk who would otherwise be denied access to<br />
the cultural, entertainment, information, skills improvement and regeneration tool that is<br />
community radio;<br />
• To ensure the digital revolution does not bypass Midlothian people and groups;<br />
• To broadcast to excluded groups e.g. those at the margins of society by virtue of their<br />
race, culture, religion, social class, geographic location and those suffering from socio –<br />
economic disadvantage;<br />
• To promote a positive community profile;<br />
• To improve the delivery of public services by broadcasting information to hard to reach<br />
groups.<br />
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6.13 Other (Non-Broadcast) Community Activities<br />
• MCMA staff and volunteers will attend regular meetings of other voluntary groups<br />
throughout Midlothian to promote community radio and encourage reciprocal involvement<br />
in the work of the station;<br />
• MCMA will engage in marketing, publicity and promotional activities of a non broadcast<br />
nature such as selling T shirts, mugs, pens, key rings;<br />
• MCMA will hold regular fund raising events;<br />
• MCMA will undertake listener phone surveys<br />
6.14 Other Information<br />
Please continue to Section Seven on next page.<br />
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SECTION SEVEN – Programming.<br />
(For more information about the individual questions below, please refer to<br />
sections 7.1 to 7.10 of the accompanying notes).<br />
7.1 Programme Service<br />
Our objective is to be a ‘public’ service broadcaster running on a community programming<br />
format that engages with the community at large whilst also delivering very local and very<br />
niche services. Programming will reflect local life in all its aspects and involve a multitude of<br />
voices a la ‘peoples’ radio.’ As can be evidenced from the mock programming schedule<br />
(available on request) the focus of programme covers a wide range of community interests<br />
from programmes catering for the needs and interests of young people though to the elderly.<br />
Our programming reflects the diversity of community interests and individuals/groups –<br />
programmes for local people by local people.<br />
7.2 How will your proposed community radio service be different and distinct from<br />
existing (non-BBC) local radio services in the area concerned, and how will it<br />
broaden the range of programming offered in the locality? In addition, please explain<br />
how your proposed service will be of a nature or have a content distinct from that of<br />
any other local service with which it overlaps by fifty per cent or more in terms of<br />
population.<br />
Other stations covering Midlothian are ‘local’ or commercial national stations. They are not<br />
‘community’ broadcasters nor are they based on an ‘access’ community public service model.<br />
Other stations covering Midlothian tend not to provide micro level, relevant ‘community’<br />
information, rather they tend to broadcast information of a macro or metropolitan area nature.<br />
Nor do such stations place a premium on encouraging active involvement in the running of<br />
their stations’ by local people. MCMA will deliver a distinctive community information diet of<br />
programmes to Midlothian’s disparate communities of interest - with a focus on programming<br />
for a wide range of community interests, reflecting the diversity of the community at large<br />
undertaken by members of the community and volunteers who will be trained to make<br />
programmes that meet the needs of their own community. A copy of sample programming<br />
schedule is available on request. This schedule has been developed in association with<br />
members of the public, community activists, community groups and school pupils.<br />
7.3 Music and Speech Output<br />
• Music output 80% - Speech output 20% - we would hope to achieve 75%-25% by<br />
incremental steps over the period of years 1-3<br />
• Types of music – rock/pop/R&B/classical & easy listening/country/punk/soundtrack/hip<br />
hop/soul/ballads/instrumental/jazz/blues/reggae/world music/live music/listener choice<br />
• Types of speech – vox pop/ poetry/readings/plays/reviews/live and recorded<br />
interviews/documentaries/sports/local and national news/phone ins/community<br />
spots/community reviews/discussions/community information broadcasts<br />
7.4 Type(s) of music output included<br />
Projected types of music by percentage breakdowns per genre:<br />
• Rock/pop/R & B/Hip hop/punk etc – 30%<br />
• Classical/easy listening/ballads – 25%<br />
• Country – 7%<br />
• Soundtrack/non classical instrumental – 2%<br />
• Live music – 5%<br />
• Jazz/blues – 5%<br />
• Scottish traditional Music 8%<br />
• Soul – 4%<br />
• Reggae – 2%<br />
• World Music – 2%<br />
• Listener choice – 10%<br />
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7.5 Type(s) of speech output included<br />
Projected types of speech by percentage breakdowns:<br />
• Community/local and national news (including talking newspapers) – 20%<br />
• Community phone ins/discussion programmes – 10%<br />
• Community spots/community information broadcasts – 10%<br />
• Local History --- 5%<br />
• Writers groups ---5%<br />
• poetry/readings/plays/ - school children and adults 20%<br />
• reviews/live and recorded interviews – 15%<br />
• documentaries – 5%<br />
• sports – 10%<br />
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7.6 Details of Third party Programming Sources<br />
Presently we have no arrangements planned for programming by third parties other than<br />
community groups being encouraged to make their own programmes – with the exception of<br />
using Press Association News coverage and news items supplied by external news agencies<br />
such as the Independent Radio News feed. Third party programming is something we would<br />
look at in our second year of operational programming.<br />
7.7 Broadcast Hours<br />
In year one of broadcasting we propose to broadcast 7 days a week between the hours of<br />
11am and 9pm If possible, we will offer a Wake-up to Midlothian programme between 7am-<br />
8.30am (Monday -Friday) followed by some automated output. In year two we intend to<br />
broadcast 24 hours per day with<br />
Midnight to 7am on automated output<br />
7.8 Automated Output<br />
We anticipate that automated output will account for 25% of the 7am – 9pm scenario and just<br />
fewer than 40% of the 24-hour schedule. We would hope to reduce this element to 30-35%<br />
over the period of the licence. This would be achieved using recorded materials being<br />
repeated and play out systems. We would use the OtsDJ programme, which provides a<br />
continuous flow of automated mixing.<br />
7.9 Broadcast Languages(s)<br />
We intend to broadcast almost exclusively in the English language in year one of operation.<br />
We will broadcast a version of the local newspaper and community information in Urdu and<br />
Gujerati to target a small number of isolated older people within the area.<br />
7.10 Commencement Date<br />
Target date for broadcasting in <strong>FM</strong> is August 2005, preceded by Netcasting from March 2005.<br />
Please continue to Section Eight on next page.<br />
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SECTION EIGHT - Finance<br />
(For more information about the individual questions below, please refer to sections 8.1 to 8.5 of the accompanying notes).<br />
8.1 Capital, set-up Funding and Financial Support: Target £37,000 + in-kind development support £8,000<br />
Provider of funds<br />
(name and address, status<br />
of provider e.g. charitable<br />
foundation, company etc.)<br />
Midlothian Council<br />
Small Projects<br />
Regeneration Fund.<br />
Eskdaill Court<br />
Dalkeith,<br />
Midlothian EH22 3ZG<br />
Newbattle Community<br />
Learning Centre<br />
67 Gardiner Place<br />
Newtongrange<br />
Futurebuilders<br />
Communities Scotland<br />
91 Haymarket Terrace<br />
Edinburgh<br />
Awards for All Scotland,<br />
Highlander House,<br />
58 Waterloo Street,<br />
Glasgow G2 7DB<br />
Coalfields Regeneration<br />
Trust-Bridging the gap<br />
The e-centre<br />
Cooperage Way<br />
Alloa FK10 3LP<br />
Is funding<br />
in cash or<br />
in kind?<br />
Is this funding secured? Impact if<br />
funding is not secured /<br />
contingency arrangements.<br />
Cash Monies to purchase capital<br />
equipment- secured<br />
£1,500<br />
Monies for training -secured<br />
£1,500<br />
Kind Meeting room, training area,<br />
support assistant time, janitorial<br />
CLD worker support<br />
cash<br />
New seedcorn fund to aid<br />
community regeneration<br />
Up to £25,000<br />
Application form available in near<br />
future- contingency-social landlord<br />
- 33 -<br />
Terms and conditions placed on<br />
funding (if any).<br />
Must provide evaluation report<br />
progress report to management<br />
committee<br />
Outcome agreement<br />
Cash Grant secured - £2,000 Grant for capital. Must sign<br />
contract, keep to application,<br />
provide audited accounts and<br />
submit progress report<br />
cash<br />
Applications re open in April<br />
2005- max. 10k<br />
Capital 7K + 3K revenue<br />
% of<br />
Funding<br />
6.67%<br />
6.67%<br />
40%<br />
4.44%<br />
15.55%<br />
Amount of<br />
Funding (£s).<br />
£3,000<br />
£3,000<br />
£18,000*<br />
will apply for<br />
max.<br />
£2,000<br />
£7,000
Public Version 1.0 30th July 2004.<br />
Midlothian Council,<br />
Community Learning &<br />
Development,<br />
Fairfield House,<br />
8 Lothian Road,<br />
Dalkeith,<br />
Midlothian EH22 3ZG<br />
both<br />
£12,000K –<br />
(Please continue on an additional sheet if necessary).<br />
Section continues on next page…<br />
(£2k is secured cash and £5k<br />
represents staff time on<br />
consultancy and support). Part of<br />
Clyde Synergy System £5,000<br />
was purchased and will be on<br />
long-term loan to the stationagreement<br />
secured<br />
Contingency arrangement not<br />
required<br />
- 34 -<br />
Cash was provided to cover cost<br />
of legal, technical and application<br />
fees.<br />
Support provided during<br />
developmental phase<br />
Total Capital, set-up Funding and<br />
Financial Support:<br />
26.67% £12,000<br />
100% £45,000
Public Version 1.0 30th July 2004.<br />
SECTION EIGHT – FINANCE (continued)<br />
8.2 Capital and Set-Up Expenditure:<br />
Item Details £s<br />
Premises (including<br />
refurbishment and fitting out<br />
costs).<br />
Transmission Equipment:<br />
Studio Equipment:<br />
Pre-Launch Publicity and<br />
Marketing (if any):<br />
Other one off costs (please<br />
specify)<br />
Capital equipment already<br />
owned by group (at current<br />
replacement value)<br />
Working Capital<br />
(Contingency Reserves)<br />
Minor refurbishment including disabled toilet conversion and building of sound proofed booth.<br />
Rent is £2,600 pa for our premises –matching grant available from Council<br />
<strong>FM</strong> 30 and installation/technical fees<br />
- 35 -<br />
£ 8,500<br />
£ 12,500<br />
Broadcasting unit upgrade from Clyde Broadcasting; MP3, dictaphones, back up PC, recorder<br />
for output monitoring, CD player, mics/headphones/peripherals £8,000<br />
Website (http://www.midlothianradio.org.uk/); Flyers/posters for meetings – all produced by<br />
volunteers for free – costs though for printing. £500<br />
Desks/chairs/phones<br />
(Please continue on an additional sheet if necessary).<br />
Section continues on next page…<br />
Basic broadcasting unit purchased from Clyde broadcasting (August 2004)<br />
Development grant secured- revenue grant of £4,000 will add to reserves in 2005/06 (April)<br />
£500<br />
£5,000<br />
£2,000<br />
Total set up costs 37,000
Public Version 1.0 30th July 2004.<br />
SECTION EIGHT – FINANCE (continued)<br />
8.3 Operating Costs<br />
OUTGOINGS Pre Launch Budget Year 1 Budget<br />
Items:<br />
Pre-launch<br />
6 to 3<br />
months (£s)<br />
Pre-launch<br />
Quarter (£s)<br />
On-Air<br />
Quarter 1<br />
(£s) autumn<br />
- 36 -<br />
On-Air<br />
Quarter 2<br />
(£s) winter<br />
On Air<br />
Quarter 3<br />
(£s) spring<br />
On-Air<br />
Quarter 4<br />
(£s)<br />
summer<br />
Year 1<br />
Totals (£s)<br />
General and Administration £500 £750 £750 £1000 £1000 £3,500<br />
- Staff incl recruitment costs in kind in kind<br />
£22,850<br />
incl on costs<br />
£22,850 £22,8500<br />
£91,400<br />
- Premises £650 £650 £650 £650 £2,600<br />
- Legal and Professional incl<br />
insurance/public liability<br />
£2,000 £750<br />
£ 750<br />
- Establishment/overheads<br />
Engineering<br />
£1,200 £1,500 £1,300 £1,000 £5,000<br />
Transmitter operating costs £700 £250 £250 call £250 £250<br />
PA incl maintenance site visit<br />
from Radica<br />
emergency out charge @ £50 hour<br />
£1,000<br />
- Other (specify) Netcasting<br />
Programming<br />
£350 £ 350 £ 350<br />
- Copyright fees £3,000 £3,000 £3,000<br />
- Music library (donated&stored Database computer system clyde synergy<br />
- News service (IRN)<br />
- Other (specify)<br />
£120 £120<br />
Marketing and promotion<br />
(where appropriate)<br />
Audience research (where<br />
£300 £200<br />
appropriate)-access to citizens<br />
panel<br />
------ ----------- ----------- ----------- ----------- ------------<br />
Others (please<br />
specify)recruitment<br />
£2,000<br />
training £1300 £500 £500 £1,000<br />
Total Outgoings £8,150 £2,200<br />
108,720
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Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
SECTION EIGHT – FINANCE (continued)<br />
8.4 Annual Income and Revenue Funding (Year 1)<br />
Provider of funds<br />
(name and address,<br />
status of provider e.g.<br />
charitable foundation)<br />
Volunteer input<br />
Futurebuilders<br />
Communities Scotland<br />
91 Haymarket Terrace<br />
Edinburgh<br />
Is this<br />
funding in<br />
cash or in<br />
kind?<br />
In kind<br />
cash<br />
Is this funding secured,<br />
impact if funding is not<br />
secured / contingency<br />
arrangements?<br />
9 Volunteers are already<br />
actively involved in station<br />
planning/training. We<br />
expect this number to<br />
increase to up to 100<br />
volunteers working with us<br />
in first year. We currently<br />
have 45 people signed up<br />
to getting involved when<br />
we get the station running.<br />
We equate this in kind<br />
time commitment to at<br />
least the financial<br />
equivalent of one senior<br />
full time paid member of<br />
staff including on costs<br />
Running Costs- balance of<br />
seedcorn grantcontingency-bid<br />
to<br />
McSense Community<br />
Business, Mayfield<br />
Industrial Estate, Dalkeith<br />
Terms and conditions<br />
placed on funding (if<br />
any):<br />
Not applicable<br />
Monitoring and<br />
evaluation<br />
- 38 -<br />
Anticipated % of<br />
Funding<br />
20%<br />
4.67%<br />
Amount of<br />
Funding (£s)<br />
(Year 1).<br />
£30,000<br />
£7,000
Public Version 1.0 30th July 2004.<br />
National Lottery-<br />
Community/Big Fund<br />
Highlander House<br />
58 Waterloo Street<br />
Glasgow<br />
Midlothian Council<br />
Education Division<br />
Fairfield House<br />
8 Lothian road<br />
Dalkeith<br />
Eh22 3ZG<br />
Local authority<br />
Coalfield<br />
Regeneration Trust<br />
Cooperage Way<br />
Alloa<br />
cash Station manager and<br />
administrator salary-+<br />
some on costs<br />
contingency- Garfield<br />
Weston Foundation<br />
Cash<br />
Matching<br />
grant to<br />
off-set cost<br />
of<br />
premises<br />
In kind<br />
Not secured to April 2005<br />
Contingency- if only partial<br />
success go to small<br />
regeneration<br />
Projects fund run by<br />
council or community<br />
planning<br />
£2,600 grant for rental of<br />
premises to match<br />
application of renting<br />
premises at market rents,<br />
Contingency : use of<br />
converted storage area at<br />
Newbattle CL Centre<br />
Support to build the<br />
capacity of the Board of<br />
Directors<br />
Cash Balance of bridging gap<br />
Grant- contingency<br />
Ask local community<br />
centre for donations<br />
Monitoring and<br />
evaluation report<br />
Accounts to be<br />
Supplied<br />
£2,600 grant for<br />
rental of premises to<br />
match application of<br />
renting premises at<br />
market rents,<br />
Contingency : use of<br />
converted storage<br />
area at Newbattle CL<br />
Centre<br />
remain an<br />
organisation<br />
achieving social gain<br />
Monitoring and<br />
evaluation report<br />
- 39 -<br />
28.67% £43,000<br />
3 areas of<br />
support<br />
add in total to<br />
5.06 %<br />
£4,000<br />
£2,600<br />
£1,000<br />
2.00% £3,000
Public Version 1.0 30th July 2004.<br />
Voluntary Action Fund<br />
Comely Park<br />
Dunfermline<br />
Midlothian Voluntary<br />
Action<br />
4/6 White Hart Street<br />
Dalkeith<br />
Heritage Lottery fund<br />
28 Thistle Street<br />
Edinburgh<br />
EH2 1EN<br />
Total Income and<br />
Revenue Funding:<br />
Cash Employment of volunteer<br />
co-ordinator and on-costs<br />
Contingency-reduce to 0.5<br />
Fte and apply to other<br />
trusts<br />
kind 2 days a week of<br />
Community planning<br />
Officer time in order to<br />
engage young people in<br />
community planningsecured<br />
in principleawaiting<br />
staff appointment<br />
cash<br />
Production assistant and<br />
on-costs- contingency-<br />
switch emphasis to issuebased<br />
work within<br />
community planning- apply<br />
to the<br />
Community Voices Fund<br />
From Communities<br />
Scotland targeting<br />
community engagement<br />
Outputs met in terms<br />
of volunteer<br />
participation<br />
Evidence of working<br />
with young people<br />
Through the medium<br />
of radio to involve<br />
that age group in<br />
community planning<br />
Meet objectives in<br />
terms of programmes<br />
celebrating local<br />
heritage<br />
- 40 -<br />
16.94% £25,400<br />
7.33%<br />
15.33%<br />
100%<br />
£11,000<br />
£23,000<br />
£150,000
Public Version 1.0 30th July 2004.<br />
Commercial and other sources.<br />
Type of Income and Revenue Funding.<br />
On-air spot advertising : local retailers plus will try to attract advertising from Scottish<br />
Executive in terms of public information/advice. The council for specific services such as<br />
leisure, promotion of welfare rights etc<br />
Programme sponsorship: there are indications that cross-agency partnership dealing with<br />
childcare, drugs and alcohol, sexual health, community safety and healthy living may<br />
promote their work through programme sponsorship.<br />
Other commercial revenues (off-air sponsorship, merchandising etc.). Please specify.<br />
from sponsors –<br />
Midlothian Business in the Community to help us identify supportive businesses<br />
Other non-commercial revenues<br />
(Fund-raising, subscriptions, donations etc.). Please specify. Fund raising appeal<br />
campaign/race nights/discos etc. Midlothian Business in the Community will assist us to<br />
identify a high profile patron who can assist us to develop income streams<br />
Total Income and Revenue Funding:<br />
Section continues on next page…<br />
- 41 -<br />
Anticipated % of<br />
Funding<br />
33.33% £3,000<br />
33.33% £3,000<br />
11.11% £1,000<br />
Amount of<br />
Funding £s.<br />
22.22% £2,000 –<br />
100%<br />
£9,000
Public Version 1.0 30th July 2004.<br />
SECTION EIGHT – FINANCE (continued)<br />
8.5 On-Air Commercial Activities<br />
Do you intend to seek commercial revenues?<br />
Will your proposed station carry on-air spot<br />
advertising?<br />
Will your proposed station carry on-air<br />
programme sponsorship?<br />
- 42 -<br />
Yes: (tick)<br />
v<br />
Yes: (tick)<br />
v<br />
Yes: (tick)<br />
v<br />
OR No: (tick)<br />
?<br />
OR No: (tick)<br />
?<br />
OR No: (tick)<br />
?<br />
What contingencies are in place in case commercial revenues for the proposed<br />
service do not achieve the anticipated levels?<br />
We intend to approach Scottish Business in the Community (Midlothian) to see if they can assist<br />
us to secure our advertising revenues from businesses. We have also asked Scottish Business in<br />
the Community (Midlothian) if they can help us source a patron (someone of some standing in<br />
the community) who we can work with to generate income streams. If commercial revenues fail<br />
to materialise we propose to engage a student placement as part of their course work to act as a<br />
‘professional’ fundraiser to make good the sho<strong>rtf</strong>all and generate positive cash flow. We also<br />
intend to encourage station volunteers to lead fund raising events. There is also potential to link<br />
to enterprise education schemes where pupils will help identify small businesses that may wish to<br />
advertise.<br />
Please continue to section nine on next page.
Public Version 1.0 30th July 2004.<br />
SECTION NINE - Engineering<br />
(For more information about the individual questions below, please refer to<br />
sections 9.1 to 9.12 of the accompanying notes).<br />
9.1 Please provide a description of your proposed transmission site<br />
Newbattle Community Learning Centre<br />
Gardiner Place<br />
Newtongrange<br />
EH22 4RT<br />
Mast to be erected on roof of Community Centre<br />
9.2 Please provide a National Grid Reference for your proposed transmitter site:<br />
National Grid Reference = NT 336 648<br />
9.3 Please tick this box to confirm you have included a map showing your<br />
proposed transmitter site location and the expected transmission coverage from it:<br />
Map supplied: Yes<br />
9.4 Please tick this box to confirm you have included a photograph of your<br />
proposed transmitter site<br />
Photograph supplied: (tick) q.v.<br />
9.5 Site Availability. Please tick those boxes below which best describe your<br />
group's situation regarding your proposed transmitter site(s).<br />
Site Identified Yes<br />
Agreement in Place:<br />
Under Negotiation<br />
NO<br />
yes<br />
Group Owns Site no-belongs to Council<br />
Site not yet identified ?<br />
Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
9.6 Antenna Details<br />
(a) <strong>FM</strong> – Height of Antenna above Ground Level.<br />
12 to 14m depending on final engineering of mast Metres.<br />
(b) IS – Height of Transmitting Antenna?<br />
N/A<br />
(c) AM & <strong>FM</strong> – Assumed height of local ground above sea level.<br />
- 44 -<br />
Metres.<br />
88 Metres Metres.<br />
9.7 Radiated Power. Please complete the appropriate sections below.<br />
(a) If you are proposing to operate on AM, please give the Effective Monopole<br />
Radiated Power (EMRP) level you expect to need in order to cover your proposed<br />
service area.<br />
N/A<br />
Watts.<br />
(b) If you are proposing to operate on <strong>FM</strong>, please give the Effective Radiated<br />
Power (ERP) level you expect to need in order to cover your proposed service area.<br />
(Vertical Polarisation).<br />
25 Watts ERP Vertical<br />
Polarisation only<br />
Watts.<br />
(c) If you are proposing to operate on <strong>FM</strong>, please give the Effective Radiated<br />
Power (ERP) level you expect to need in order to cover your proposed service area.<br />
(Horizontal Polarisation) (if used).<br />
Not required<br />
Section continues on next page…<br />
Watts.
Public Version 1.0 30th July 2004.<br />
(d) Radiation (polar) Pattern. Please tick the appropriate box. If you tick the<br />
'Directional' box, please enclose horizontal radiation diagram(s), for the vertically<br />
polarised signal component, and for the horizontally polarised signal component (if<br />
used).<br />
Omni – Directional YES Directional ? .<br />
Diagram of Vertically<br />
Polarised signal component<br />
included<br />
?<br />
9.8 Engineering Compliance.<br />
- 45 -<br />
Diagram of Horizontally<br />
Polarised signal component<br />
included<br />
Equipment installation proposed to be carried out by CMAC Electronic Systems of<br />
Aberdeen. They will ensure a suitable directional coupler is fitted at the antenna<br />
transmission point to all compliance monitoring.<br />
9.9 Principal Transmission Equipment.<br />
(a) Transmitter (Manufacturer) (model)<br />
SBS Ltd<br />
<strong>FM</strong>30 Transmitter (Max output 30W)<br />
(b) Antenna (Manufacturer) (model)<br />
Radio Structures<br />
ENF 100 End fed Monopole<br />
(c) Limiter / Processing (manufacturer) (model)<br />
SBS Ltd<br />
Incorporated in<br />
<strong>FM</strong>30 Transmitter<br />
(d) Please provide a description of how these items of equipment will be<br />
configured, including details of any additional filtering you consider may be required.<br />
Audio from mixing desk is fed to the <strong>FM</strong>30 transmitter with its internal limiter providing<br />
over deviation protection. The factory specification of the <strong>FM</strong>30 should under most<br />
circumstances not require additional external filtering but this will be allowed for<br />
during installation in case any strong external signals are discovered with the potential<br />
to allow any intermodulation products to occur. Directional signal monitoring is<br />
provided via an EME or similar directional coupler.<br />
RDS is provided via an Aztec <strong>FM</strong>B10 RDS encoder coupled into the <strong>FM</strong>30 transmitter<br />
and with overall modulation level set to allow for RDS input.<br />
?
Public Version 1.0 30th July 2004.<br />
Section continues on next page…<br />
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Public Version 1.0 30th July 2004.<br />
(e) Please provide details of the gain calculations used to arrive at the estimated<br />
ERP / EMRP figure required to cover the proposed service area of your station.<br />
Gain of ENF100 is published as 0dB(d). Losses in connecting co-ax feeder is currently<br />
estimated at 1.1 dB. Output power of transmitter to be set to compensate for feeder<br />
loss, with radiated power at 25 W erp.<br />
9.10 Radio Data System (RDS). If you are proposing to operate an <strong>FM</strong> service<br />
and want to transmit RDS data, please tick the box marked 'Yes', otherwise, tick<br />
'No'.<br />
Yes: (tick) Yes<br />
No: (tick) ?<br />
9.11 Transmitter Maintenance and Repair.<br />
Transmitter maintenance is proposed to be contracted to CMAC Electronic<br />
Systems, of Aberdeen.<br />
9.12 Studio Location<br />
A free-standing building in the grounds of the community centre has been<br />
earmarked for the studio @ 67,Gardiner Place, Newtongrange EH22 4RT.<br />
The building has been offices but most recently a judo hall and was vacated in june<br />
2004. The Education Division have asked the property services not to lease to another<br />
group and proposed a rent of £2,600. Contingency is to use part of the community<br />
centre. The Management Committee of the Centre have been supportive from the<br />
outset.<br />
Please continue to Section Ten on next page.<br />
- 47 -
Public Version 1.0 30th July 2004.<br />
SECTION TEN - Concluding Declaration.<br />
Do you confirm that, to the best of your knowledge and belief that:<br />
(1) The applicant is not a disqualified person in relation to the licence by<br />
virtue of the provisions of section 143 (5) of the Broadcasting Act 1996<br />
(relating to political objects);<br />
(2) No director, member or other person involved directly or indirectly in<br />
the management of the applicant group is the subject of a<br />
disqualification order as defined by section 145 (1) of the Broadcasting<br />
Act 1996;<br />
(3) No person involved in the application has been convicted within the<br />
past five years of an unauthorised broadcasting offence and that the<br />
applicant will do all it can to ensure that no person so convicted will be<br />
concerned in the provision of the service, the making of programmes<br />
included in it, or the operation of the radio station if the applicant is<br />
granted a licence; and<br />
(4) Any matters which might influence <strong>Ofcom</strong>'s judgement as to whether<br />
the directors or members of the applicant group are fit and proper<br />
persons to participate in a radio licence have been made to <strong>Ofcom</strong>.<br />
Applicants should note that <strong>Ofcom</strong> reserves the right to revoke a licence if at<br />
any time any material statement made is found to be false and to have been<br />
made by the applicant or any member or officer thereof knowing it to be false,<br />
and that in the circumstances of section 144 of the Broadcasting Act 1996, the<br />
provision of false information or the withholding of relevant information with<br />
the intention of misleading <strong>Ofcom</strong> could incur a criminal conviction and a<br />
disqualification from the holding of a licence.<br />
I agree that the applicant conforms with the above v<br />
The ticked boxes below indicate which additional documentation is included as<br />
part of this application:<br />
Memorandum & Articles of Association v<br />
Certificate of Incorporation v<br />
Map of proposed transmitter site v<br />
Photograph of proposed transmitter site v<br />
Antenna pattern information v<br />
Declaration continues on next page…<br />
- 48 -
Public Version 1.0 30th July 2004.<br />
Others Documents (please provide details in box below) ?<br />
Volunteer charter<br />
Letters of support file<br />
Application Payment (UK £ 600.00) non-returnable v by CHAPS (17/11/04)<br />
I hereby apply to <strong>Ofcom</strong> for the grant of a licence for the Community Radio<br />
Licence described above and declare that the information given in this<br />
application and any additional documentation is, to the best of my knowledge<br />
and belief, correct.<br />
Name: John Ritchie<br />
Position: Director (designate)<br />
Date: 16/11/04<br />
Please tick this box to confirm that you have kept a copy of this<br />
completed application form for your records.<br />
Please tick this box to confirm that you have completed this form<br />
as completely as possible and that you have attached / sent any<br />
required additional documentation, together with the nonreturnable<br />
application fee of £600.00<br />
Please return this form and any additional electronic information by e-mail to:<br />
communityradio@ofcom.org.uk<br />
If there is any paper-based material associated with this application, please send it<br />
to:<br />
Community Radio <strong>Licensing</strong><br />
Radio Planning & <strong>Licensing</strong> Team 3rd Floor<br />
<strong>Ofcom</strong><br />
Riverside House<br />
2A Southwark Bridge Road<br />
London<br />
SE1 9HA<br />
Please make sure you keep a copy of this form for your records.<br />
Articles/Memorandum of Association follow on<br />
- 49 -<br />
v<br />
v
Public Version 1.0 30th July 2004.<br />
1.0 Interpretation<br />
THE COMPANIES ACT 1985<br />
COMPANY LIMITED BY GUARANTEE<br />
ARTICLES OF ASSOCIATION<br />
of<br />
MIDLOTHIAN COMMUNITY MEDIA ASSOCIATION<br />
(EH22 4RT)<br />
1.1 In these regulations, the words in the first column of the Table shall bear the meaning set<br />
opposite to them respectively in the second column, if not inconsistent with the subject or<br />
context:<br />
The Act The Companies Act 1985<br />
The 1989 Act The Companies Act 1989<br />
The Adoption Date The date of adoption of these regulations as the Articles of<br />
Association of the Association.<br />
The Articles The Articles of the Association<br />
The Association The Company formed to provide for the objects laid out in the<br />
Articles of Memorandum<br />
The Body Any Association, institution, or aggregate of persons whether<br />
incorporated or unincorporated<br />
Board of Directors The Board of Directors of the Association by which business of the<br />
Association shall be managed<br />
Registered Office Registered Office of the Association<br />
The Secretary The Secretary to the Association or any other person appointed to<br />
perform the duties of the secretary of the Association, including a<br />
joint assistant or deputy secretary<br />
In Writing Written, typewritten, printed or lithographed, or partly one and<br />
partly another, and other modes of representing or reproducing<br />
words in a visible form<br />
Words importing the singular shall include the plural and vice versa.<br />
1.2 Unless the context otherwise requires, words or expressions contained in these regulations<br />
bear the same meaning as in the Act, but excluding any statutory modification thereof not in<br />
force on the Adoption Date.<br />
2.0 Purpose<br />
2.1 The Association is established for the purpose expressed in the Memorandum of Association<br />
3.0 Members and Membership<br />
3.1 For the purposes of Articles 3.2 to 3.10 below, the Association shall have the following<br />
classes of membership:<br />
(i) Full Member, being any person aged 16 years or over at the time of membership<br />
being accepted who resides, is employed or studies within the area of benefit.<br />
(ii) Associate Member, being any person who is aged under 16 years at the time of<br />
membership being accepted and resides, is employed or studies within the area of<br />
benefit, or any person who is aged over 16 years at the time of membership being<br />
accepted and neither resides or is employed within the area of benefit.<br />
- 50 -
Public Version 1.0 30th July 2004.<br />
(iii) Corporate Member, a body, operating in the area of benefit whether incorporated or<br />
unincorporated which wishes to affiliate to the Association in furtherance of common<br />
objects.<br />
3.2 The subscribers to the Memorandum of Association and such other persons as the Board of<br />
Directors shall admit to membership shall be Members of the Association or shall be<br />
Associate Members of the Association.<br />
3.3 There is no limit on the numb er of Members or on the number of Associate Members of the<br />
Association.<br />
3.4 Each person who wishes to be a member (whether Full or Associate) shall sign and deliver to<br />
the Association a written application for membership in such form as the directors require<br />
executed by him or her.<br />
3.5 Subject as in hereafter mentioned, the power of admitting Members to the Association and of<br />
admitting Associate Members to the Association shall be exercisable only by the Board of<br />
Directors.<br />
3.6 Associate Members of the Association shall be entitled to receive notice of and attend each<br />
Annual General Meeting of the Association but shall not be members of the Association for<br />
the purposes of the Act or the Association’s Memorandum of Association or Articles of<br />
Association and accordingly:<br />
(i) Particulars in relation to them shall not be entered in the Register of Members;<br />
(ii) They shall not be entitled to vote at any General Meeting of the Association;<br />
3.7 Associate Members shall be entitled to elect up to two young people who shall represent the<br />
interest of Associate Members and shall be entitled to vote at any General Meeting of the<br />
Association.<br />
3.8 Employees of the Association shall not be eligible for membership; a person who becomes an<br />
employee after admission to membership shall automatically cease to be a member.<br />
3.9 No body shall become a member of the Association unless it shall have agreed to become a<br />
member of the Association in furtherance of common objects.<br />
3.10 Such bodies as the Board of Directors shall admit to membership shall be Corporate Members<br />
of the Association, and shall be entered in the Register of Members accordingly.<br />
3.11 Corporate members shall elect from their number three representatives as voting members on<br />
behalf of the corporate membership at general meetings.<br />
3.12 Any member may at any time withdraw as a member of the Association by giving at least<br />
seven clear days written notice to the Association. On receipt of the notice by the<br />
Association, he or she shall cease to be a member. Membership is not transferable and shall<br />
cease on death, liquidation or winding-up.<br />
4.0 Termination of membership<br />
4.1 Subject to Articles 4.2 to 4.7, the Association may, by special resolution, expel any person<br />
from membership.<br />
4.2 The resolution must be passed by seventy-five per cent of the votes cast upon such a<br />
resolution at a meeting specially convened to consider such resolution. A quorum of 15<br />
members must be in attendance.<br />
4.3 Any member who wishes to propose at any meeting a resolution for the expulsion of any<br />
member from membership shall lodge with the Association written notice of his or her<br />
intention to do so (identifying the member concerned and specifying the grounds for the<br />
proposed expulsion) not less than six weeks before the date of the meeting.<br />
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4.4. The Association shall, on receipt of a notice under the preceding article, forthwith send a copy<br />
of the notice to the member concerned and the member concerned shall be entitled to make<br />
written representations to the Association with regard to the notice.<br />
4.5 If representations are made to the Association in pursuance of the preceding article, the<br />
Association shall (unless such representations are received by the Association too late for it to<br />
do so:<br />
(i) State the fact of the representations having been made in the notice convening the<br />
meeting at which the resolution is to be proposed; and<br />
(ii) Send a notice of the representations to every person to whom notice of the meeting is<br />
or was given.<br />
4.6 Whether or not a copy of written representations has been given to each of the persons<br />
entitled to receive notice of the meeting, the person concerned shall be entitled to be heard on<br />
the resolution at the meeting.<br />
4.7 Failure to comply with any of the provisions of Articles 4.2 to 4.6 shall render any resolution<br />
for the expulsion of a person from membership valid.<br />
4.8 A person expelled from membership under Article 4.1 to 4.7 shall cease to be a member with<br />
effect from the time at which the relevant resolution is passed.<br />
5.0 Membership subscriptions<br />
5.1 Membership subscription shall be set by annual general meeting of the Association.<br />
5.2 The Board of Directors shall maintain a Register of Members, setting out the full name and<br />
address of each member, the date on which they were admitted to membership, and the date<br />
on which any person, or body, ceased to be a member. Access to such information will be<br />
restricted to named persons appointed or employed by the Board of Directors.<br />
6.0 General Meetings<br />
6.1 The Association shall hold a General Meeting in every calendar year as its Annual General<br />
Meeting, in addition to any other meetings in that year, and shall specify the meeting as such<br />
in the notices calling it. Not more than fifteen (15) months shall elapse between the date of<br />
one Annual General Meeting of the Association and that of the next.<br />
6.2 The first annual General Meeting of the Association shall be called not later than 18 months<br />
after the date of incorporation of the Association.<br />
6.3 The Annual General Meeting shall be held at such time and place, as the Board of Directors<br />
shall determine.<br />
6.4 The Business to be transacted at each Annual General Meeting of the Association shall<br />
include:<br />
(i) Consideration of reports of the Association’s activities and financial position, and of<br />
the income and expenditure account and balance sheets to be presented top the<br />
meeting;<br />
(ii) The election of honorary officers;<br />
(iii) The election/re-election of members of the Board of Directors whose term of office is<br />
due to expire;<br />
(iv) The appointment and fixing of remuneration of the Auditors to the Association; and<br />
(v) The setting of annual membership subscriptions for the coming year.<br />
(vi) Approving correct and accurate minutes of all meetings<br />
6.5 All General Meetings other than Annual General Meetings shall be called Extraordinary<br />
General Meetings.<br />
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6.6 The Board of Directors may, whenever it thinks fit, convene an Extraordinary General<br />
Meeting, and Extraordinary General Meetings shall also be convened if there is a valid<br />
requisition by members, as provided by Section 368 of the Act, or a requisition by a resigning<br />
Auditor (under Section 392A of the Act).<br />
6.7 An Annual General Meeting and a Meeting called for the passing of a Special Resolution<br />
shall be called by twenty-one (21) clear days notice at the least, and a Meeting of the<br />
Association, other than an Annual General Meeting or Meeting called for the passing of a<br />
Special Resolution, shall be called by at least 14 clear days notice in writing.<br />
6.8 The notice shall specify the place, the day and the hour of the meeting and, in the case of<br />
special business, the general, nature of that business, and shall be given, in manner hereinafter<br />
mentioned or in such other manner, if any, as may be prescribed by the Association in<br />
General Meeting to:<br />
(i) All members of the Association;<br />
(ii) Patrons of the Association;<br />
(iii) The members of the Board of Directors, including the Chair, Vice Chair and<br />
Treasurer;<br />
(iv) Any Associate members of the Association; and<br />
(v) The Auditors of the Association<br />
6.9 The accidental omission to give notice of a general meting to, or the non-receipt of such<br />
notice by, any person entitled to receive notice thereof shall not invalidate any resolution<br />
passed, or proceeding had, at any general meeting as long as notice of the meeting has<br />
appeared in the local press.<br />
7.0 Special resolutions and ordinary resolutions<br />
7.1 For the purposes of these articles, a “special resolution” means a resolution passed by at least<br />
seventy-five per cent (75%) of the votes cast on the resolution at an Annual General Meeting<br />
or Extraordinary General Meeting, providing proper notice of the meeting and of the intention<br />
to propose the resolution has been given in accordance with Articles 6.7 and 6.8. For the<br />
avoidance of doubt, the reference to a majority of 75% relates only to the number of votes<br />
cast in favour of the resolution, as compared with the number of votes cast against the<br />
resolution, and accordingly, no account shall be taken of abstentions or members absent from<br />
the meeting.<br />
7.2 In addition to the matters expressly referred to elsewhere in these articles, the provisions of<br />
the Act allow the Association, by special resolution:<br />
(i) To alter its name;<br />
(ii) To alter its memorandum of Association with respect to the Association’s objects;<br />
and<br />
(iii) To alter any provision of these articles or adopt new articles of Association.<br />
7.3 For the purposes of these articles, an “ordinary resolution” means a resolution passed by<br />
majority vote (taking account only of those votes cast in favour as compared with those votes<br />
cast against and, as applicable, the Chairperson’s second or casting vote, providing proper<br />
notice of the meeting and of the intention to propose the resolution has been given in<br />
accordance with Articles 6.7 and 6.8.<br />
8.0 Proceedings at General Meetings<br />
8.1 All business shall be deemed special that is transacted at an Extraordinary General Meeting,<br />
and also all that is transacted at an Annual General Meting, shall be deemed special, and with<br />
the exception of the business referred to in Article 6.4 above.<br />
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8.2 No business shall be conducted at any General Meeting unless a quorum of members of the<br />
Association are present at the time when the Meeting proceeds to business; the quorum for a<br />
general meeting shall be ten (10) members of the Association present in person, or by<br />
representative appointed with Article 10.1<br />
8.3 If, within fifteen (15) minutes from the time appointed for the meeting, a quorum is not<br />
present, the Meeting, if convened on the requisition of members, shall be dissolved, in any<br />
other case, it shall stand adjourned to such other time and place as the Board of Directors may<br />
determine; and if at such adjourned Meeting a quorum is not present within fifteen (15)<br />
minutes from the time appointed for holding the meeting, the Members present shall be a<br />
quorum.<br />
8.4 The Chairperson shall preside and take the chair of any General Meeting; if the Chairperson is<br />
not present within fifteen (15) minutes after the time appointed for holding the meeting, or<br />
shall be unwilling to preside and take the chair, then members of the Board of Directors<br />
present shall choose one of their number to preside and take the chair.<br />
8.5 The chairperson may with the consent of any General Meeting at which a quorum is present<br />
(and shall if so directed by the meeting), adjourn the meeting from time to time, and from<br />
place to place, but no business shall be transacted at any adjourned meeting other than<br />
business left unfinished at the meeting from which the adjournment took place. When a<br />
Meeting is adjourned for thirty (30) days or more, notice of the adjourned Meeting shall be<br />
given as in the case of an original Meeting. Save as aforesaid, the Members shall not be<br />
entitled to any notice of an adjournment, or of the business to be transacted at an adjourned<br />
meeting.<br />
8.6 At any General Meeting, a Resolution put to the vote of the Meeting shall be decided on a<br />
show of hands.<br />
8.7 A declaration by the Chairperson of the Meeting that a Resolution has, on a show of hands,<br />
been carried or lost, or carried by a particular majority, and an entry to that effect in the book<br />
containing the Minutes of the proceedings of the Association, shall be conclusive evidence of<br />
the fact, without proof of the number of proportion of the votes recorded in favour or against<br />
that resolution.<br />
8.8 In the case of an equality of votes, the presiding Chairperson shall be entitled to a second or<br />
casting vote.<br />
8.9 Subject to the provisions of the Act, a Resolution in writing, signed by 75% of the members<br />
of the association (or, in the case of a body, of its duly elected representative) hall be as valid<br />
and effective if the same had been passed at a General Meeting duly convened and held.<br />
8.10 The Board of Directors shall be at liberty to invite any person or persons, not being a member<br />
or members of the Association, to attend and speak, but not to vote at any General Meeting of<br />
the Association.<br />
9.0 Votes of Members<br />
9.1 Every Member of the Association shall have one vote, which must be given personally or by<br />
representative appointed in accordance with Article 10.1 below.<br />
10.0 Representatives at Meetings<br />
10.1 Any body, which is a member of the Association, may be resolution of its directors or other<br />
governing body authorise such persons as it thinks fit (subject to a maximum number to be<br />
determined by the Board of Directors) to act as its representatives at any Meeting of the<br />
Association, and the persons so authorised shall be entitled to exercise all the powers of the<br />
body he or she represents.<br />
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11.0 Board of Directors<br />
11.1 There shall be a Board of Directors constituted in accordance to the Articles.<br />
11.2 The maximum number of directors shall be twelve (12) and the minimum three (3)<br />
11.3 A person shall not be eligible for election or appointment as a director unless he or she is a<br />
member of the Association.<br />
11.4 At each Annual General Meting, the members may (subject to Article 11.2 above) elect any<br />
member, providing he or she is willing to act, to be a director.<br />
11.5 At the conclusion of each Annual General Meeting, one third of the directors shall retire<br />
from office, but shall then be eligible for re-election.<br />
11.6 The directors shall elect from among themselves a Chairperson and a Treasurer, and such<br />
other office bearers, if any, as they consider appropriate.<br />
11.7 The members of the Board of Directors shall act without remuneration for their services in the<br />
capacity as Board member, but Board members shall be paid all travelling, hotel and other<br />
expenses properly incurred by them in attending and returning from meetings of the Board of<br />
any committee thereof or General Meetings of or otherwise on the business of the<br />
Association.<br />
11.8 The Board of Directors may from time to time and at any time appoint any member of the<br />
Association as a member of the Board, either to fill a casual vacancy or by way of addition to<br />
the Board, provided that the maximum number of Board members prescribed in Article 11.2<br />
hereof shall not be exceeded. Any member so appointed shall retain his or her office only<br />
until the next Annual General Meeting of the Association, but shall thence eligible for reelection.<br />
Any member so appointed may in any event be removed at any time by a majority<br />
of the Association’s members.<br />
11.9 The Association may be Ordinary Resolution, of which special notice has been given in<br />
accordance with Section 379 of the Act, remove from office any member of the Board of<br />
Directors, notwithstanding anything in the articles or in any agreement between the<br />
Association and that member of the Board of Directors.<br />
11.10 The directors shall maintain a Register of Directors, setting out full details of each director,<br />
including the date on which her or she became a director, and also specifying the date on<br />
which any person ceased to hold office as director.<br />
12.0 Powers of the Board of Directors<br />
12.1 Subject to the provision of the Act, the Memorandum of Association and these Articles and<br />
subject to any directions as may be prescribed by the Association in general meeting, the<br />
business of the Association and its assets and undertakings shall be managed by the Board of<br />
Directors, who may exercise all the powers of the Association.<br />
12.2 All cheques, promissory notes, drafts, bills or exchange and other negotiable instruments and<br />
all receipts for monies paid to the Association shall be signed, drawn, accepted, endorsed or<br />
otherwise executed as the case may be in such manner as the Board of Directors from time to<br />
time by resolution may determine, and in the absence of such resolution by two of the Board<br />
members, or by one of the Board members and the Secretary of the Association for the time<br />
being.<br />
12.3 Any member of the Board who is in any way, whether directly or indirectly, interested in a<br />
contract or proposed contract with the Association shall declare the nature of his or her<br />
interest at a meeting of the Board of Directors, in accordance with the provisions of Section<br />
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317 of the Act he or she will be debarred from voting on the question of whether or not the<br />
Association should enter into that arrangement.<br />
12.4 The members for the time being of the Board of Directors may act, notwithstanding any<br />
vacancy in their body; provided always that in case the members of the Board shall at any<br />
time be reduced in number to less than the minimum number prescribed by or in accordance<br />
with these articles, it shall be lawful for them to act as the Board of Directors for the purpose<br />
of admitting persons to membership of the Association, filling up vacancies in their body, or<br />
of summoning a general meeting, but not for any other purpose.<br />
13.0 Appointment of Secretary<br />
13.1 The Board of Directors shall from time to time appoint a Secretary either at such<br />
remuneration or as a volunteer (subject to the provisions of clause 5.1 of the Memorandum of<br />
Association) and upon such terms and conditions as they may think fit and any Secretary so<br />
appointed may be removed by them.<br />
14.0 Proceedings of the Board of Directors<br />
14.1 The Chairperson of the Board of Directors shall preside and take the chair at every meeting of<br />
the Board of Directors at which he/she is present, unless he/she is unwilling or unable to do<br />
so. If there is no Chairperson for the time being, or if the Chairperson is unwilling or unable<br />
to preside and take the chair, or is not present within five minutes after the time appointed for<br />
the meeting of the Board, the Vice Chairperson of the Board of Directors shall be the<br />
Chairperson of the meeting, if present and willing and able to preside, whom failing the<br />
members of the Board of Directors present shall choose one of their own number to be<br />
Chairperson of the meeting.<br />
14.2 Unless otherwise determined by the Association in General Meeting, the quorum for a<br />
meeting of the Board of Directors shall be three members of the Board of Directors.<br />
14.3 The Board of Directors may meet together for the despatch of business, adjourn and otherwise<br />
regulate its meetings as the as the Board of Directors by notice served on all members of the<br />
Board of Directors shall be decided by a majority of votes. In a case of equality votes, the<br />
Chairperson of the meeting shall have a second or casting vote.<br />
14.4 At the request of the Chairperson or any other members of the Board of Directors, the<br />
Secretary shall at any time summon a meeting of the Board of Directors by notice served on<br />
all members of the Board of Directors. The Board of Directors shall meet together for the<br />
despatch of business not less than six (6) times in each calendar year. A member who is<br />
absent from the United Kingdom shall not be entitled to receive notice of a meeting of the<br />
Management Board.<br />
14.5 The Board of Directors May, at its discretion, allow any person or persons whom they<br />
reasonable consider appropriate to attend and speak at any meeting of the Board of Directors;<br />
any such person who is invited to attend a meeting of the Board of Directors shall not be<br />
entitled to vote.<br />
14.6 All acts done bona fide by any meeting of the Board of Directors, or of any committee of the<br />
Board of Directors or by any person acting as a member of the Board of Directors shall,<br />
notwithstanding it be afterwards discovered that there was some defect in the appointment or<br />
continuance in office of any such member or person acting as aforesaid, or that they or any of<br />
them were disqualified from holding office, be as valid as if every such person had been duly<br />
appointed or had duly continued in office and was qualified to be a member of the Board of<br />
Directors.<br />
14.7 A Resolution in writing, signed by all members of the Board of Directors for the time being<br />
entitled to receive notice of a meeting of the Board of Directors shall be as valid and effective<br />
as if it had been passed at a meeting of the Board of Directors duly convened and held, and<br />
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may consist of several documents in the like form each signed by one or more members of the<br />
Board of Directors.<br />
14.8 For the purposes of the Act and other statutory provisions and the common law, the members<br />
of the Board of Directors shall be the directors of the Association.<br />
15.0 Committees<br />
15.1 The Board of Directors may delegate any of their powers to A Committee or Committees<br />
consisting of such persons (whether or not being members of the Board of Directors) as the<br />
Board of Directors shall determine. Any Committee so formed shall in the exercise of the<br />
powers so delegated conform to any regulations imposed on it by the Board of Directors.<br />
15.2 The meetings and proceedings of such Committees shall be governed by the provisions of the<br />
Board of Directors so far as is applicable and so far as the same shall not be superseded by<br />
any regulation made by the Board of Directors. No Committee shall have the power to bind<br />
the Board of Directors without the prior approval of the Board.<br />
16.0 Patrons<br />
16.1 The Board of Directors may from time to time appoint such patrons of the Association as the<br />
Board may think fit, who will primarily assist the Association in charitable purposes or<br />
appeals from time to time conducted or undertaken by the Association. Any person may be so<br />
appointed whether or not he is also a member of the Association or of the Board of Directors.<br />
No remuneration (except by way of repayment of out-of-pocket expenses, if any) shall be paid<br />
in respect of any such honorary office. Save as aforesaid, every such appointment shall be for<br />
such period and on such terms as the Board of Directors shall think fit.<br />
17.0 Disqualification of directors<br />
17.1 A director shall automatically vacate office if:<br />
(i) he or she resigns office by a notice in writing to the Association;<br />
(ii) he or she becomes bankrupt or insolvent or apparently insolvent or shall suspend<br />
payment to, or compound with, his or her creditors;<br />
(iii) a receiver or judicial factor is appointed to the whole or any part of his or her<br />
property;<br />
(iv) he or she being a me mber of the Board of Directors ceases to hold office by virtue of<br />
any provision of the Act or is disqualified by law from being the director of a<br />
company;<br />
(v) he or she becomes incapable for medical reasons of fulfilling the duties of his or her<br />
office and such incapacity is expected to continue for a period of more than six<br />
months;<br />
(vi) he or she is removed from office by a resolution passed by a majority of at least<br />
seventy-five per cent (75%) of the full members of the Association present and<br />
voting at any General Meeting of the Association; or<br />
(vii) he or she becomes an employee of the Association<br />
18.0 Minutes<br />
18.1 The Board of Directors shall cause accurate minutes to be kept and made available to the<br />
membership:<br />
(i) Of all appointments of officers made by the Board of Directors or the<br />
Association in General Meeting;<br />
(ii) Of the names of the members of the Board of Directors present at each meeting of<br />
the Board of Directors and of any Committees of or established by he Board of<br />
Directors, and of any committee of or established by the Board of Directors.<br />
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(iii) Of all decisions related to policy and the use of financial resources<br />
19.0 Accounts<br />
19.1 The Board of Directors shall cause to be kept proper books of account with respect to:<br />
(i) All sums of money received and expended by the Association and the matters in<br />
respect of which such receipt and expenditure take Place;<br />
(ii) All sales and purchases of goods by the Association; and<br />
(iii) The assets and liabilities of the Association.<br />
Proper books shall not be deemed to be kept if there are not kept such books account as are<br />
necessary to give a true and fair state of the Association’s arrears and to explain its<br />
transactions.<br />
19.2 The books of account shall be kept at the Registered Office or, subject to Section 222 of the<br />
Act, at such other place or places as the Board of Directors thinks fit, and shall always be<br />
open to the inspection of the members of the Board of Directors, representatives of funding<br />
bodies and to the membership by means of a resolution passed at a general meeting.<br />
19.3 The Management shall from time to time and in accordance with the Act cause to be prepared<br />
and laid before the Association in General Meeting an income and expenditure account, a<br />
balance sheet and report of the Board of Directors and a report of the Auditors of the<br />
Association on such account and balance sheet. The Auditor’s report shall be read before the<br />
General meeting, as required by the Act.<br />
19.4 A copy of every balance sheet (including every document required by law to be annexed<br />
thereto) which is laid before the Association in General Meeting, together with a copy of the<br />
Auditor’s report and a copy of the Board of Directors shall, not less than 21 clear days before<br />
the General Meeting, be sent to all persons entitled to receive notices of General meetings of<br />
the Association, provided that this article shall not require a copy of those documents to be<br />
sent to any person of whose address the Association is not aware.<br />
20.0 Audit<br />
20.1 Once at least in every year the accounts of the Association shall be examined and the<br />
correctness of the income and expenditure account and balance sheet ascertained by an<br />
auditor eligible under Sections 24 to 54 of the 1989 Act.<br />
20.2 Auditors shall be appointed and their duties regulated in accordance with the relevant<br />
Provisions of the Act, the members of the Board of Directors being treated as the directors<br />
mentioned in these provisions.<br />
21.0 Notices<br />
21.1 A notice may be served by the Association upon any member, either personally or by sending<br />
it through the post in a prepaid letter, addressed to such member at his or her registered<br />
address as appearing in the Register of Members.<br />
21.2 Any notice, if served by post, shall be deemed to have been served on the day following that<br />
on which the letter containing the same is put into the post, and in proving such service it shall<br />
be sufficient to prove that the letter containing the notice was properly addressed and put into<br />
the post office as a prepaid letter.<br />
22.0 Insurance<br />
22.1 Without prejudice to the provisions of Article 22.1 below, the Board of Directors shall have<br />
the power to purchase and maintain insurance for, or for the benefit of, any persons who are<br />
or were at any time directors (within the meaning of the Act), officers or employees of the<br />
Association including (without prejudice to the generality of the foregoing) insurance against<br />
liability incurred by any such person in respect of any act or omission in the actual or<br />
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purported execution and/or discharge of his or her duties and/or exercise of his powers and/or<br />
otherwise in relation to his or her duties, powers or offices in relation to the Association but<br />
excluding always any liability incurred by any such person as a result of any act or omission<br />
which any such person knew to be a breach of trust or breach of duty or which was committed<br />
by such person in reckless disregard of whether it was a breach of trust or breach of duty or<br />
not.<br />
24.0 Indemnity<br />
24.1 Every member of the Board of Directors and of every Committee of or established by the<br />
Board of Directors, the Director and any agent, Auditor, Secretary and other officer from time<br />
to time and or the time being of the Association shall be indemnified out of the assets of the<br />
Association against the liability incurred by him or her in defending proceedings, whether<br />
criminal or civil, in which judgement is given in his or her favour or in which he or she is<br />
acquitted or in connection with any application under Section 727 of the Act in which relief is<br />
granted to him or her by the Court.<br />
Dissolution<br />
24.1 The provisions of Clause 7 of the Memorandum of Association relating to the winding up and<br />
dissolution of the Association shall have effect as if the provisions thereof were repeated in<br />
the articles.<br />
THE COMPANIES ACT 1985<br />
COMPANY LIMITED BY GUARANTEE AND NOT HAVING SHARE CAPITAL<br />
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MEMORANDUM of ASSOCIATION<br />
MIDLOTHIAN COMMUNITY MEDIA ASSOCIATION (EH22 4RT)<br />
1. The company’s name is ‘Midlothian Community Media Association’<br />
2. The company’s registered office is to be situated in Scotland<br />
3. This clause shall be interpreted as if it incorporated an over-riding qualification limiting<br />
the powers of the company such that any activity, which would otherwise be<br />
permitted by the terms of the clause, may be carried on only if that activity furthers a<br />
purpose which is regarded as charitable for the purposes of section 505 of the<br />
Income and Corporation Taxes Act 1988. (Including any statutory amendment or reenactment<br />
for the time being in force). Subject to that over-riding qualification, the<br />
company’s objectives are:<br />
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of<br />
a) To relieve poverty among residents of Midlothian (‘The Operating area’)<br />
b) To advance education among the residents of the operating area, particularly<br />
among young people and those who may feel socially excluded.<br />
c) To provide access to training, production and distribution facilities; encourage local<br />
creative talent and foster local traditions; and provide programmes for the benefit,<br />
entertainment, education and development of the local community;<br />
d) To promote, establish and operate other schemes of a charitable nature for<br />
the benefit of the community within the operating area.<br />
e) To promote the right to communicate, assist the free flow of information from<br />
diverse sources and opinions, encourage creative expression and contribute to the<br />
democratic process and a pluralist society;<br />
f) To seek to have their ownership representative of local geographically recognisable<br />
communities or of communities of common interest who<br />
are editorially independent of government, commercial and religious institutions and<br />
political parties in determining their programme policy and output.<br />
g) To provide a right of access to minority and marginalised groups and promote and<br />
protect cultural and linguistic diversity;<br />
h) To operate as an organisation which are not run with a view to profit and ensure their<br />
independence by being financed from a variety of sources;<br />
i) To recognise and respect the contribution of volunteers, recognise the right of paid<br />
workers to join trade unions and provide satisfactory working conditions for both.<br />
j) To operate management, programming and employment practices which oppose<br />
discriminations and which are open and accountable to all supporters, staff and<br />
volunteers.<br />
k) To foster exchange between community media associations using communications to<br />
develop greater understanding in support of peace, tolerance, democracy and<br />
development.<br />
.<br />
In pursuance of those aims (but not otherwise) the company shall have the following powers:<br />
i. To prepare, devise and organise educational programmes of various kinds.<br />
and training events for participants.<br />
ii. To design, produce and broadcast programmes by means of audio,video<br />
recording and display on the world wide web.<br />
iii. To advise in relation to, commission and/or conduct research projects and<br />
programmes and to publish and promote the findings of such research.
Public Version 1.0 30th July 2004.<br />
iv. To seek to exploit the potential of multi-media interactive new technology for<br />
the benefit of individuals employed/resident in the operating area.<br />
v. To liase with the Scottish Executive and related agencies, local authorities,<br />
local enterprise companies ,educational establishments,<br />
charitable/community benefit bodies and others all with a view to furthering<br />
the aims of the company.<br />
vi. To carry on any activity which may be advantageously carried on in<br />
connection with any of the objects of the company.<br />
vii. To acquire and take over the whole or any part of the undertaking and<br />
liabilities of any person entitled to any property or right suitable for any<br />
objects of the company.<br />
viii. To purchase, take on feu, lease, hire, take in exchange and otherwise<br />
acquire any property and rights, which may be advantageous for the<br />
purposes of the activities of the company.<br />
ix. To improve, manage, exploit, develop, turn to account and otherwise deal<br />
with all or any part of the undertaking, property and rights of the company.<br />
x. To sell, feu, let, hire, licence, give in exchange and otherwise dispose of all or<br />
any part of the undertaking, property and rights of the company.<br />
xi. To borrow money and give security for the payment of money by, or the<br />
performance of other obligations of, the company or any other person.<br />
xii. To draw, make accept, endorse, discount, negotiate, execute and issue<br />
cheques and other negotiable or transferable instruments.<br />
xiii. To renumerate any individual employment of the company and to establish,<br />
maintain and contribute to any person or superannuation fund for the benefit<br />
of, and to give or procure the giving of any donation, pension, allowance or<br />
renumeration to, and to make any payment for or towards the insurance of,<br />
any individual who is or was at any time on employment of the company and<br />
the spouse, widow/er, relatives and dependants of any such individual; to<br />
establish, subsidise and subscribe to any institution, association, club and<br />
fund which may benefit such a person.<br />
xiv. To oppose or object to any application or proceedings which may prejudice<br />
the company’s interests.<br />
xv. To enter into any arrangement with any organisation, government or authority<br />
which may be advantageous for purposes of the activities of the company<br />
and to obtain from any such organisation, government or authority any right,<br />
privilege or concession.<br />
xvi. To enter into any arrangement for the co-operation or mutual assistance with<br />
any charitable body, whether incorporated or unincorporated.<br />
xvii. To effect Insurance against risks of all kinds<br />
xviii. To invest funds not immediately required for the purpose of the company’s<br />
activities in such investments and securities (including land in any part of the<br />
world) and that in such manner as may from time to time be considered<br />
advantageous (subject to compliance with any applicable legal requirement)<br />
and to dispose of any activity which the company is authorised to carry on.<br />
xix. To establish and support any association or other unincorporated body<br />
having objects altogether or in part similar to those of the company and to<br />
promote any company or other incorporated body formed for the purpose of<br />
carrying on any activity, which the company is authorised to carry on.<br />
xx. To subscribe and make contributions to or otherwise support charitable<br />
bodies, whether incorporated or unincorporated and to make donations for<br />
any charitable purpose connected with the activities of the company or with<br />
the furtherance of its objects.<br />
xxi. To accept all subscriptions, grants, donations, gifts. legacies and<br />
endowments of all kinds, either absolutely or conditionally in trust for any of<br />
the objects of the company.<br />
xxii. To take such steps (by way of personal or written appeals, public meetings or<br />
otherwise) as may be deemed expedient for the purpose of producing<br />
contributions to the funds of the company, whether by way of subscriptions,<br />
grants, loans, donations or otherwise.<br />
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xxiii. To carry out any of these objects in any part of the world as principal, agent,<br />
contractor, trustee or in any other capacity and through an agent, contractor,<br />
sub-contractor, trustee or any person acting in any other capacity and either<br />
alone or in conjunction with others.<br />
xxiv. To do anything which may be incidental or conducive to the attainment of any<br />
of the objects of the company.<br />
And it is declared that:<br />
a) In this clause where the context so admits ‘property’ means any property, heritable or<br />
moveable, real or personal, wherever situated.<br />
b) In this clause and throughout this memorandum of association the word ‘charitable’ shall<br />
have the meaning ascribed to it for the purposes of section 505 of the Income and<br />
Corporation taxes Act 1988, including any statutory amendment of re-enactment for the<br />
time being in force.<br />
4) The income and property of the company shall be applied solely towards<br />
promoting the company’s objects (as set out in clause 3 of this memorandum<br />
of association).<br />
b) No part of the income or property of the company shall be paid or transferred<br />
(directly or indirectly) to the members of the company, whether by way of<br />
dividend, bonus or otherwise.<br />
c) No director of the company shall be appointed as a paid employee if the<br />
company; no director shall hold any office under the company for which a<br />
salary fee is payable.<br />
d) No benefit (whether in money or kind) shall be given by the company to any<br />
director except (i) repayment of out of pocket expenses or (ii) reasonable<br />
payment in return for particular services (not being of a management nature)<br />
actually rendered to the company.<br />
5) The liability of the members is limited.<br />
6) Every member of the company undertakes to contribute such amount as may be<br />
required (not exceeding £1.00) to the company’s assets if it should be wound up<br />
while he/she is a member or within one year after he/she ceases to be a member, for<br />
payment of the company’s debts and liabilities contracted before he/she ceases to be<br />
a member, and of the costs, charges and expenses of winding up, and for the<br />
adjustment of the rights of the contributors among themselves.<br />
7.1 If on the winding up of the company any property remains after satisfaction of all the<br />
company’s debts and disabilities, such property shall not be paid to or distributed<br />
among the members of the company but shall be transferred to some other charitable<br />
bodies (whether incorporated or unincorporated) whose objects are altogether or in<br />
part similar to the objects of the company and whose constitution restricts the<br />
distribution of income and assets among members to an extent at least as great as<br />
does clause four of this memorandum association.<br />
7.2 The body or bodies to which property is transferred under clause 7.1 shall be<br />
determined by the members of the company with the approval in writing of the First<br />
Minister at or before the time of dissolution or, failing such determination and<br />
approval, by such court as may have or may acquire jurisdiction.<br />
7.3 To the extent that effect cannot be given to the provision of clauses 7.1 and 7.2, the<br />
relevant property shall be applied to some other charitable object or objects.<br />
8.1 Accounting records shall be kept in accordance with all applicable statutory<br />
requirements and such accounting records shall in particular, contain entries from day<br />
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Public Version 1.0 30th July 2004.<br />
to day of all sums of money received, expended by the company and the matters in<br />
respect of which such receipt and expenditure take place, and a record of the assets<br />
and liabilities of the company; such accounting records shall be open to inspection at<br />
all times by any director of the company.<br />
8.2 The company’s auditors shall make a report to the members on the accounts<br />
examined by them and on every balance sheet and income and expenditure account<br />
and on all group accounts, copies of which are to be paid before the company in<br />
general meeting.<br />
We, the subscribers to this memorandum of association, wish to be formed into a company<br />
pursuant to this memorandum.<br />
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