Commonwealth Telegraphs Act 1949

Sections 1, 2.

FIRST SCHEDULE The Commonwealth Telecommunications Board

PART I The Provisions of the Second Schedule to the Commonwealth Telegraphs Agreement with respect to the Commonwealth Telecommunications Board

Constitution

1 There shall be established a body to be known as the Commonwealth Telecommunications Board.

2 The Board shall consist of members to be appointed as follows:—

(a) As to one (who shall be the Chairman of the Board), jointly by the Partner Governments

(b) As to one, by each of the Partner Governments separately

(c) As to one, by His Majesty's Government in the United Kingdom to represent British Commonwealth and Empire territories not directly represented by other members

3 The Commonwealth Telecommunications Board shall be a body corporate by that name, with perpetual succession and a common seal, and with power to purchase take hold and dispose of lands and other property

Functions

4 The functions of the Board shall be

(1) To make recommendations to the Partner Governments and to National Bodies on the following matters relating to their external telecommunication systems:—

(a) The formulation and execution of the joint telecommunication policy of the Partner Governments, including the fixing of rates (terminal transit and parcours proportions)

(b) Co-ordination of the development of the cable and wireless systems of the British Commonwealth and Empire

(c) Extensions to and alterations of the telecommunication systems of the British Commonwealth and Empire

(d) The provision and, where appropriate, the apportionment among National Bodies, of capital expenditure on projects

(e) Co-ordination with the appropriate authorities on telecommunication matters affecting the defence of the British Commonwealth and Empire or any part thereof

(f) Co-ordination of research in telecommunication matters conducted by National Bodies

(g) The exchange of personnel between the Board and National Bodies

(h) Any other telecommunication matter which may be referred to the Board by any of the Partner Governments or by any National Body

(2) At the request of the Partner Governments or National Bodies to conduct negotiations with foreign telecommunication interests on their behalf

(3) To promote and conduct research in telecommunication matters

(4) To purchase or otherwise acquire and turn to account in any manner that may be thought fit any Letters Patent or patent rights or any interest in any Letters Patent or patent rights brevets d'invention, licences concessions and the like conferring an exclusive or nonexclusive or limited right to use any secret or other information as to any invention in relation to any device or machine serving or calculated to serve any useful purpose in connection with any of the functions of the Board or with the business of any National Body

(5) To set up and administer a Central Fund for the receipt of the net revenues of the National Bodies

(6) To establish and support or aid in the establishment and support of associations institutions funds trusts and conveniences calculated to benefit employees or ex-employees of the Board or the dependants or connections of such persons and to grant pensions and allowances and to make payments towards insurances and to subscribe or guarantee money for charitable or benevolent or educational objects or for any exhibition or for any public general or useful object

(7) To borrow money temporarily in anticipation of revenue

(8) To sell improve manage exchange lease mortgage enfranchise dispose of turn to account or otherwise deal with all or any part of the property and rights of the Board

(9) To enter into make and perform contracts of guarantee and indemnity of whatsoever kind which may be necessary or convenient for the purpose of the Board's functions

(10) To do all or any of the above things in any part of the world and either as principals agents trustees contractors or otherwise and either alone or in conjunction with others and either by or through agents sub-contractors trustees or otherwise

(11) To do all such other things as the Board may deem incidental or conducive to the discharge of any of their functions

Organisation

5 (1) The Chairman of the Board shall be entitled to preside at the meetings thereof

(2) There shall be a Vice-Chairman of the Board who shall be appointed by the Board and shall be entitled to preside at meetings of the Board in the absence of the Chairman

(3) The Chairman or other officers authorised by him shall subject to such regulations as may be made by the Board as hereinafter provided summon all meetings of the Board for the despatch of business

6 (1) The Board shall meet for the despatch of business and shall from time to time make such regulations with respect to the summoning notice place quorum management and adjournment of such meetings and generally with respect to the transaction and management of their business as they may think fit subject to the following conditions:—

(a) Meetings shall normally be held in London in the United Kingdom but from time to time as may be found convenient meetings shall also be held in the territories of the other Partner Governments or elsewhere as the Board may determine

(b) A quorum for a meeting of the Board shall be not less than two-thirds of the members for the time being

(c) Every question shall be decided by a majority of votes of the members present and voting on that question and in case of an equality of votes at any meeting the person presiding at such meeting shall have a second or casting vote Provided that if the question to be decided is claimed by a member either before or at the meeting to be one of Governmental policy and unanimity cannot be obtained the Chairman shall refer the question to the Partner Governments together with his report and recommendations respecting the same and -a decision on the question shall be suspended until the views of the Partner Governments have been ascertained

(2) Where a member through illness or absence from the country in which the meeting is to be held is unable to attend a meeting the Partner Government by whom that member was appointed shall have the right to nominate a person to act as alternate member in his place for the purposes of that meeting and on such nomination being made the alternate member shall (except in regard to remuneration) be subject in all respects to the terms and conditions existing with reference to the other members and whilst acting as an alternate member shall exercise and discharge all the functions powers and duties of the member whom he represents

7 The Board may at any time appoint a Committee or Committees of their own members for such purpose and on such conditions as the Board may decide but the conclusions of any such Committee shall be subject to ratification by the Board

8 (1) The Board shall appoint a chief executive officer who shall be called the Director General

(2) The Board shall appoint such other officers and staff as they may think necessary for the efficient transaction of their business and shall fix such rates of remuneration including that of the Director-General as they shall think proper Subject to the provisions of any contract between the Board and any officer the Board may remove any officer (other than a member) however appointed

(3) No member shall be appointed to any executive office of the Board

Power to Appoint Advisory Committees

9 The Board may appoint persons or Committees to advise them with regard to all or any matters connected with telecommunication services and the business operations and affairs of the Board Committees shall have power to appoint Advisory Sub-Committees Committees shall be appointed for such purposes and on such conditions as the Board may decide The Board may from time to time make regulations with regard to the meetings and proceedings of any such Committees or Sub-Committees The Board may pay the expenses of any such Committees or Sub-Committees including the expenses of the members in attending them

Members

10 (1) Members of the Board shall subject to the provisions as to disqualification hereinafter contained be entitled to remain in office for such period as may be fixed at the time of their appointment which shall not exceed a period of five years

(2) A retiring member shall be eligible for reappointment

11 A member shall ipso facto cease to be a member

(a) in the case of the Chairman if his appointment be terminated at the joint request of the Partner Governments or

(b) in the case of any other member if his appointment be terminated by that one of the Partner Governments which appointed him or

(c) if he becomes of unsound mind or bankrupt or compounds with his creditors or

(d) if he sends in a written resignation of his office to the Board or

(e) if the Government which appointed him ceases to be a Partner Government

12 (1) The members shall receive by way of remuneration for their services as Chairman Vice-Chairman or members as the case may be the sums following (to be deemed to accrue from day to day) that is to say:—

	Per annum
	£
The Chairman	3,500
The Vice-Chairman	1,500
Each of the other members	1,000

In addition members appointed by Partner Governments (other than the United Kingdom) may be paid such subsistence allowance (not exceeding £500 per annum) as the Board consider reasonable

Members may also be reimbursed for expenses properly incurred by them in the due performance of their office

(2) Except as in this clause expressly provided no moneys of the Board derived from any source shall in any event be divided by way of profit or otherwise amongst the members

Financial

13 (1) Prior to the beginning of each financial year the Board shall prepare and approve a budget setting forth the estimates of then-expenditure for that year Estimates of current expenses (which may include a reasonable sum in order to provide a working balance for the year) and capital expenditure shall be shown separately in the budget and shall be sub-divided under appropriate headings

(2) The Board shall forward a copy of the budget so prepared and approved to each of the National Bodies and the Partner Governments

(3) The current expenses of the Board shall be defrayed out of the Central Fund in accordance with the budget

(4) The adoption of the budget in so far as it provides for capital expenditure shall be subject to the approval of the Partner Governments On giving their approval the Partner Governments shall make provision of the requisite funds through the National Bodies

Annual Report and Statement of Accounts

14 (1) The accounts of the Board shall be audited annually by an auditor or auditors who shall be appointed by the Board after obtaining the approval of the Partner Governments

(2) The Board shall as soon as may be after the end of every year prepare a General Report of their proceedings for that year and attach thereto a Statement of Accounts

(3) The Chairman shall on the completion of every such annual General Report and Statement of Accounts and the Auditors' Report thereon forthwith submit the same to the Partner Governments and arrange for the same to be published in the territories of the Partner Governments

General

15 The Board shall at all times observe the provisions of any International Conventions relating to telecommunications to which the Partner Governments have subscribed

16 The Board shall treat persons domiciled in any of the territories of the Partner Governments as equally eligible for appointment to the Board's staff

17 (1) No act or proceeding of the Board or of any Committee established by the Board shall be questioned on account of any vacancy or vacancies in the Board or any such Committees

(2) No defect in the appointment of any person acting as Chairman Vice-Chairman or member or as a member of any Committee established by the Board shall be deemed to vitiate any proceedings of the Board or of such Committee in which he has taken part in cases where the other parties to such proceedings form the necessary quorum and are duly entitled to act

(3) Any instrument which if made by a private person would be required to be under seal shall be under the seal of the Board and signed by one or more members authorised for that purpose by a resolution of the Board and counter-signed by the proper officer Any notice appointment contract order or other document made by or proceeding from the Board which is not required to be under seal shall be signed by such members or officers as the Board may direct

(4) The proper officer of the Board shall be the Director-General or any other officer duly authorised by the Board

PART II Provisions Supplementary to Part I of Tins Schedule

In Part I of this Schedule—

(a) the expression "Partner Government" means the Government of a part of the Commonwealth which is for the time being a party to the Commonwealth telegraphs agreement;

(b) the expression " National Body " means a department, body or corporation nominated or established by such a Government as aforesaid in pursuance of clause 5 of the Commonwealth telegraphs agreement;

(c) the expression " territory "—

(i) in relation to His Majesty's Government in the United Kingdom, includes every territory (other than the territory of another Government which is for the time being a party to the Commonwealth telegraphs agreement) whose foreign relations are conducted by His Majesty's Government in the United Kingdom; and

(ii) in relation to another such Government as aforesaid, includes every territory whose foreign relations are conducted by that Government.