SCHEDULES

C2SCHEDULE 19 The Gaelic Television F12Service : Supplementary Provisions

Section 183.

Annotations:
Amendments (Textual)
F12

Word in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)
C2

Sch. 19: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 7 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Status and capacity

1

1

The F12Service shall be a body corporate.

2

The F12Service shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown.

3

It shall be within the capacity of the F12Service as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 183 of this Act.

Tenure of office and remuneration

2

1

Subject to F10sub-paragraphs (1A) and (2), each member of the F12Service shall hold and vacate office in accordance with the terms of his appointment.

F91A

A person is not to be appointed as a member of the Service for a term of more than four years (but a person so appointed shall be eligible for re-appointment at the end of his term of office).

2

Any member of the F12Service may at any time resign his office by notice to F13OFCOM.

3

F13OFCOM may pay to each member such remuneration and allowances as they may determine.

Disqualification of members of F12Service for House of Commons

F13

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Proceedings

4

1

Subject to paragraph 5, the quorum of the F12Service and the arrangements relating to their meetings shall be such as the F12Service may determine.

2

The arrangements may, with the approval of F13OFCOM , provide for the discharge, under the general direction of the F12Service , of any of the F12Service ’s functions by a committee or by one or more of the members or employees of the F12Service .

5

1

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the F12Service shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the F12Service , or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the F12Service at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the F12Service by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the F12Service in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the F12Service include references to a meeting of any of their committees.

6

The validity of any proceedings of the F12Service shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 5.

Employees of the F12Service

7

1

The F12Service may appoint such employees as they may determine with the consent of F13OFCOM as to numbers and terms of employment.

2

If the F12Service determine to do so in the case of any of their employees, the F12Service shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the F12Service may determine.

3

The M1Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the F12Service.

F84

A person who is an employee of the Service is not to be eligible to be appointed as a member of the Service.

Financial provision

8

There shall be defrayed out of the F2Gaelic Broadcasting Fund—

a

any expenses incurred by F13OFCOM —

i

by virtue of paragraph 2,

ii

in paying the salaries of any employees of F13OFCOM whose services have been furnished to the F12Service by F13OFCOM, or

iii

in connection with providing the F12Service with office accommodation or other facilities;

b

any expenses incurred by the F12Service by virtue of paragraph 7; and

c

with the approval of F13OFCOMF7..., any other expenses incurred by the F12Service.

F118A

1

The Service must pay all their receipts to OFCOM.

2

OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).

Authentication of F12Service ’s seal

9

The application of the seal of the F12Service shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by the F12Service

10

Any document purporting to be an instrument issued by the F12Service and to be duly executed under the seal of the F12Service or to be signed on behalf of the F12Service shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

11

1

The F12Service shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as F13OFCOM may direct.

2

The accounts of the F12Service shall be audited by auditors to be appointed by the F12Service with the approval of F13OFCOM .

F33

A person shall not be qualified to be appointed in pursuance of sub-paragraph (2) unless he is eligible for appointment as a F14statutory auditor under Part 42 of the Companies Act 2006.

4

The F12Service shall at all reasonable times upon demand made by F13OFCOMF6... or by any persons authorised by F4F13OFCOMF6... in that behalf—

a

afford to them full liberty to examine the accounts of the F12Service; and

b

furnish them with all forecasts, estimates, information and documents which they may require with respect to the financial transactions and commitments of the F12Service.

Annual reports

12

1

As soon as possible after the end of each financial year, the F12Service shall prepare a general report of their proceedings during that year and transmit it to F13OFCOM.

F51A

The report must include a statement of how the Service are proposing to carry out their functions during the next financial year.

2

The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.

C13

F13OFCOM shall send a copy of each annual report received by them in accordance with this paragraph to

F15a

the Secretary of State, who must lay a copy of it before each House of Parliament, and

b

the Scottish Ministers, who must lay a copy of it before the Scottish Parliament.

F164

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