1. |
General Powers: The Committee will have full power to deal with any protest or appeal concerning any matter connected with these rules and alleged breaches thereof and/or the rules and alleged breaches of the rules of any contest in Scotland and/or the registration of players with the Scottish Brass Band Registry, the rules of the said registry and alleged breaches of the said registry rules. | |
2. |
Lodging a Protest or Appeal: Written notification of all protests must be received by the Secretary of the Association within 14 days of the alleged infringement. Written notification of all appeals must be received by the Secretary of the Association within 14 days of notification of the decision being appealed against being received by the organisation concerned. Any notification of protest or appeal must state in full the grounds of the protest or appeal. | |
3. |
Deposit: A deposit of £50.00 must accompany notification of each protest and appeal. This deposit will be refunded if the protest or appeal is upheld. If the protest or appeal is not upheld, the deposit will be forfeited to the Association. | |
4. |
Intimation to Other Parties: Upon receipt of notification of any protest or appeal the Secretary of the Association will send copies to all other organisations which may have a direct interest in the protest or appeal concerned including, without prejudice to the foregoing generality, any band which is the subject of a protest, any band whose result in any contest may be affected by the outcome of the protest or appeal concerned and the organisers of the contest concerned. | |
5. |
Constitution of Sub Committee: The protest or appeal will be heard in the first instance by a sub committee comprising 5 members of the Committee appointed by the Committee to deal with the protest or appeal concerned. Members of the Committee may not sit upon this sub committee in any case where the band to which the Committee member is attached has any direct interest in the outcome of the protest or appeal under consideration (the Committee being the sole judge of whether or not any of its members have a direct interest in the outcome of any protest or appeal). | |
6. |
Procedure for Sub Committee Hearing: All organisations with an interest in the protest or appeal (being the organisation which has lodged the protest or appeal and those organisations detailed in paragraph 3 hereof) will be notified in writing by the Secretary of the Association of the date, place and time of the hearing to deal with the protest or appeal concerned. All such organisations will have the opportunity to make written submissions for the consideration of the sub committee charged with hearing the protest or appeal. All such organisations will also have the opportunity to send not more than 2 delegates to make representations to the sub committee in person. Any organisation wishing to send delegates to appear before the sub committee must notify the Secretary of the Association in writing prior to the date of the hearing and (other than the organisation which submitted the original protest or appeal) must lodge a deposit of £50.00. This deposit will be refunded or forfeited at the discretion of the sub committee but having due regard to the outcome of the protest or appeal. | |
7. |
Intimation of the Decision of Sub Committee: The decision of the sub committee, including the basis upon which the sub committee reached its decision (setting out the relevant facts of the matter and referring to the relevant rules), details of any penalties imposed and details of whether deposits have been forfeited or are to be returned, will be communicated in writing to the organisation which lodged the protest or appeal, to all other organisations which either made written submissions and/or made a personal appearance at the hearing and to such other parties to whom the sub committee considers written notification should be given due to the fact that they may be affected by the decision. Such intimations will be issued within 14 days of the date of the hearing. | |
8. |
Right
of Further Appeal: In the event of any organisation with
a direct interest in any appeal or protest being dissatisfied with
any decision of the sub committee (including, for the avoidance of
doubt, any penalty imposed), there shall be a right of appeal as follows:- (a) In cases involving protests or appeals relating to the National Brass Band Championships of Great Britain, to the British Federation of Brass Bands in accordance with the rules of that contest. (b) In all other cases to the full Committee, but excluding members who may be attached to a band which has a direct interest in the outcome of the protest or appeal under consideration (the Committee being the sole judge of whether or not any of its members have a direct interest in the outcome of any protest or appeal) and those members who formed the sub committee which heard the original protest or appeal. |
|
9. |
Procedure for Appeal to the Full Committee: In the event of any organisation wishing to exercise its right of appeal to the full committee, the rules set out in paragraphs 2, 3, 4, 6 and 7 will also apply with further deposits requiring to be lodged on the same basis as applied in connection with the original protest or appeal and with references in the said paragraphs to the sub committee being replaced with references to the full committee. | |
10. |
Powers of the Sub Committee to amend Contest Results and Impose Penalties: In the event of the sub committee upholding any protest or appeal, it shall have power to amend the result of the contest and direct the organisers of the contest to award the prizes in accordance with the amended result. It shall also have power to impose upon any band found to be in breach of these rules, or of the rules of the contest concerned or of the rules of the Scottish Brass Band Registry a fine not exceeding £1,000 and/or a suspension from participation in contests in Scotland for such period as it deems appropriate. It shall also be entitled to impose such penalties on a suspended basis for such period and subject to such conditions as it deems appropriate. | |
11. |
Powers of the Full Committee to Reverse, Vary or Uphold a decision of the Sub Committee: In the event of any appeal on a decision of the sub committee to the full committee, the full committee will have power to reverse, vary or uphold (in whole or part) the decision of the sub committee. In dealing with any appeal from a decision of the sub committee, the full committee will have power to amend the result of the contest and direct the organisers of the contest to award the prizes in accordance with the amended result. It will also have power to impose upon any band found to be in breach of these rules, or of the rules of the contest concerned or of the rules of the Scottish Brass Band Registry a fine not exceeding £1,000 and/or a suspension from participation in contests in Scotland for such period as it deems appropriate and/or to terminate the band's membership of the Association. It shall also be entitled to impose such penalties on a suspended basis for such period and subject to such conditions as it deems appropriate. Any decision of the full committee in dealing with any such appeal will be final. |
Appendix I: Registration Rules applicable to Junior and Training Bands
Appendix III: Contest Rules for Solo, Quartet/Quintet and Small Ensemble Contests
| i. | Prospectus and Prizes |
| ii. | Entry Forms and Fees |
| iii. | Scores |
| iv. | Quartets/Quintets |
| v. | Small Ensembles |
| vi. | Instrumentation |
| vii. | Substitute Players |
| viii. | Time Limits |
| ix. | Contests for School Pupils / Youth |
| x. | Competitors |
| xi. | Age Groups |
| xii. | Local Rules |