Cable and Broadcasting Act 1984

Section 42(5).

SCHEDULE 3 The Board : Supplementary Provisions

Status and capacity

1 (1) The Board shall be a body corporate.

(2) The Board 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 Board as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the exercise of their functions under this Part, including the borrowing of money.

Appointment of members

2 (1) All the members of the Board shall be appointed by the Secretary of State after consultation with the BBC and the IBA.

(2) Before appointing a person to be a member of the Board, the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as member of the Board ; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Board that he has no such interest.

(3) Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the Board shall, whenever requested by the Secretary of State to do so, furnish to him such information as the Secretary of State considers necessary for the performance by him of his duties under sub-paragraph (2) above.

Chairman

3 The Board shall elect a chairman from among their members.

Tenure of office

4 (1) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member of the Board in accordance with the terms of his appointment.

(2) A person shall not be appointed as a member of the Board for more than five years at a time.

(3) A person may at any time resign his office as a member or as chairman.

Remuneration and pensions of members

5 (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

(3) Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Board may make to him a payment of such amount as the Secretary of State may determine.

(4) The approval of the Treasury shall be required for any determination under this paragraph.

Proceedings

6 (1) The quorum of the Board and the arrangements relating to their meetings shall be such as the Board may determine.

(2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general directions of the Board, of any of the Board's functions by a committee or by one or more of the members, officers or employees of the Board.

7 The validity of any proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Officers and employees of Board

8 (1) The Board may appoint a secretary and such other officers, and take into their employment such other persons, as they may determine.

(2) The Board shall, as regards any officers or persons employed in whose case it may be determined by the Board so to do, pay to or in respect of them such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

(3) If any officer of or other person employed by the Board, being a participant in any pension scheme applicable to his office or employment, becomes a member of the Board, he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Board were service as an officer of or person employed by the Board.

Authentication of Board's seal

9 The application of the seal of the Board shall be authenticated by—

(a) the signature of the chairman of the Board or some other member of the Board authorised by the Board to authenticate the application of their seal; and

(b) the signature of the secretary of the Board or some other officer of the Board authorised by the Board to act in that behalf.

Presumption of authenticity of documents issued by Board

10 Any document purporting to be an instrument issued by the Board and to be sealed as aforesaid or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.