The Midland Railway Society
Registered Charity No 1149613
BY-LAWS RELATING TO THE SOCIETY’S COLLECTION
1: Application
These By-laws are made in accordance with Clause 6d of the Society’s
Constitution. Should any inconsistency arise between these By-laws and the
Constitution then the Constitution shall be the over-riding authority.
2: Location and Term
2.1
The Executive Committee of the Society shall from time to time make
such arrangements as they think fit for the proper housing of the
Society’s Collection (“the Collection”) as provided for in Clause 6c of
the Society’s Constitution. The initial location of the Collection shall
be at The Midland Railway Study Centre (”the Study Centre”) at the
Silk Mill Museum Derby.
2.2
Save for By-law 8 (Cessation) which shall apply at all times these Bylaws and any amendment thereof shall apply for so long as the Study
Centre shall continue as a joint venture between the Society and
Derby Museums.
3: Management and Control
3.1
Management and control of the Collection and of the Study Centre on
behalf of the Society shall at all times be the responsibility of the
Executive Committee of the Society.
3.2
With the exception of and subject to the powers set out in By-laws
5.2 and 5.3 (Budget) the Executive Committee hereby delegates to a
committee to be known as the Collection Committee constituted as in
By-law 4 hereof its responsibility for
3.2.1 the day to day running of the Study Centre;
3.2.2 the maintenance of the database (“the Common Database”)
that forms the record of the Collection as dealt with further in
By-law 7;
3.2.3 the conservation, restoration and maintenance of the items
forming the Collection;
3.2.4 the acquisition of new items for the Collection;
3.2.5 the disposal of items from the Collection subject in each case
to the prior consent of the Executive Committee;
3.2.6 the acquisition and maintenance of functional assets used in
the operation of the Study Centre;
3.2.7 the arrangement and monitoring of loans of items to and from
the Collection; and
The Midland Railway Society
Registered Charity No 1149613
BY-LAWS RELATING TO THE SOCIETY’S COLLECTION
3.2.8 the organisation at satellite locations of exhibitions of items
from the Collection.
3.3
The Collection Committee shall provide the Executive Committee with
regular reports as to its activities and shall provide special reports if
so requested by the Executive Committee.
3.4
The Collection Committee shall have power to further delegate its
responsibility for defined tasks.
4: The Collection Committee
4.1
The Collection Committee shall comprise two members (“the Elected
Trustees”) serving on the Executive Committee as a result of election
thereto by members of the Society and nominated by the Executive
Committee together with three members (“the Appointed Trustees”)
appointed in accordance with the procedures set forth in sub-clauses
4e and 4f of the Society’s Constitution.
4.2
The Collection Committee shall appoint its own Chairman from
amongst the Appointed Trustees.
4.3
The Collection Committee may also include a member nominated by
Derby Museums.
4.4
The Collection Committee may from time to time nominate additional
members for specific purposes or otherwise but no such additional
member shall sit until the appointment has been approved by the
Executive Committee. The Executive Committee have the right to
stipulate the term of any such appointment.
4.5
The Collection Committee shall appoint from amongst its number a
Study Centre Co-ordinator to manage the affairs of the Study Centre.
5: Finance
5.1
The Society shall maintain a Restricted Fund (“the Study Centre
Fund”) to be used solely for the benefit of the Collection and/or the
Study Centre and any satellite location such use including but not
being limited to:
5.1.1 the purchase of new items for the Collection;
5.1.2
the conservation restoration and maintenance of items in the
Collection and in those collections administered by Derby
Museums that are housed in the Study Centre;
5.1.3 the acquisition and maintenance of functional assets used in
the operation of the Study Centre;
5.1.4 the monies paid to Derby Museums as a contribution to the
costs of housing the Study Centre;
The Midland Railway Society
Registered Charity No 1149613
BY-LAWS RELATING TO THE SOCIETY’S COLLECTION
5.1.5 capital and running costs directly related to making items from
the Collection available to the public whether in the Study
Centre,
in other Derby Museums locations, in satellite
locations or on loan to external organisations in furtherance of
the object of the Society; and
5.1.6 the provision of backing capital for commercial ventures
designed directly to benefit the Study Centre and any satellite
locations.
5.2
At the start of each financial year the Executive Committee will set for
the Collection Committee budget figures for expenditure from the
Study Centre Fund under the headings of:

purchase of items for the Collection in accordance with the
Collection Development Policy provided for in By-law 6;

conservation, restoration and maintenance; and

administration and general expenditure.
5.3
Should the Collection Committee wish to exceed any budget figure
set under By-law 5.2 it must request the consent of the Executive
Committee and no expenditure shall be incurred until after such
consent has been granted.
5.4
Should any item be sold from the Collection the net proceeds of that
sale shall be credited to the Study Centre Fund.
6: Collection Development Policy
6.1
The Collection Committee shall formulate the Society’s Collection
Development Policy as required by sub-clause 6c of the Society’s
Constitution which policy shall come into effect after approval by the
Executive Committee.
6.2
The Collection Committee may from time to time submit to the
Executive Committee proposals to amend the Collection Development
Policy but no such amendment shall take effect until after approval by
the Executive Committee.
6.3
All members of the Society shall be made aware of the existence of
the Collection Development Policy and shall on request be supplied
with a copy of the policy as it stands at the time of making the
request.
7: The Common Database
7.1
The Common Database shall be maintained as a record of the
Collection, of items on loan to the Society for the Collection and of
those items in those collections administered by Derby Museums that
are housed in the Study Centre.
The Midland Railway Society
Registered Charity No 1149613
BY-LAWS RELATING TO THE SOCIETY’S COLLECTION
7.2
The Common Database shall give details of ownership of all items
included thereon.
7.3
The Common Database shall show as attributed to the Roy F Burrows
Collection:
7.3.1
all items transferred from the Roy F Burrows Midland
Collection Trust to the Society; and
7.3.2
all items purchased from the Restricted Fund unless otherwise
agreed by the Collection Committee in a particular instance
having regard to the circumstances of the purchase.
7.4
The Common Database shall show as attributed to the Midland
Railway Society Collection all items in the possession of the Society
immediately prior to the date of transfer of the Roy F Burrows
Collection unless the Society wishes to attribute items to a specific
donor in which case those items shall be shown as attributed to the
collection of that donor.
7.5
Should any collection be donated or bequeathed to the Society then if
the donor so wishes all items added to the Study Centre from that
collection will be shown as attributed to the donor in the Common
Database.
8: Cessation and winding up
8.1
The provisions of By-law 8.2 shall be followed should the Study
Centre joint venture between the Society and Derby Museums be
terminated .
8.2
The Society shall:
8.2.1 if circumstances so permit first use its best endeavours to find
a new location for the Collection;
8.2.2 should there be no satisfactory outcome under By-law 8.2.1
and if circumstances so permit then use its best endeavours
to ensure that all items attributed to the Roy F Burrows
Collection in the Common Database are transferred as a single
entity to a Registered Charity having objects similar to or
encompassing the object of the Society; and
8.2.3 should there be no satisfactory outcome under By-law 8.2.1 or
By-law 8.2.2 and if circumstances so permit then sell selected
items attributed to the Roy F Burrows Collection in the
Common Database with the objective of maintaining intact the
remainder of the Collection and use its best endeavours to
transfer that remainder as a single entity to a Registered
Charity having objects similar to or encompassing the object
of the Society.
The Midland Railway Society
Registered Charity No 1149613
BY-LAWS RELATING TO THE SOCIETY’S COLLECTION
8.3
Notwithstanding the provisions of By-law 5.1 the Society is permitted
to use monies from the Study Centre Fund in pursuing the objectives
of By-law 8.2.
8.4
Should the Executive Committee become aware that winding up or
dissolution of the Society may become necessary then the procedures
of By-law 8.2 shall be followed before formulating any Resolution
under Clause 17 of the Society’s Constitution.