Broadcasting Act 1981

Section 53.

SCHEDULE 7 U.K. The Broadcasting Complaints Commission: SupplementaryProvisions

Tenure of office U.K.

1 (1) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or as chairman or deputy chairman of the Commission in accordance with the terms of his appointment. U.K.

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

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

Remuneration and pensions of members U.K.

2 (1) The Commission may pay to each member such remuneration and allowances as the Secretary of State may determine. U.K.

(2) The Commission 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 Commission may make to him a payment of such amount as the Secretary of State may determine.

(4) The approval of [F1 the Treasury] shall be required for any determination under this paragraph.

Textual Amendments

F1 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c)(d), (2), 3(5)

Staff U.K.

3 (1) The Commission may appoint such officers and servants as the Commission may determine with the consent of the Secretary of State as to numbers and terms of employment. U.K.

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

4 U.K. The M1 Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commission.

Marginal Citations

M1 1969 c.57.

Proceedings U.K.

5 (1) Subject to the provisions of Part III of this Act, the arrangements for the proceedings of the Commission (including the quorum for meetings) shall be such as the Commission may determine. U.K.

(2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Commission, of any of the Commission’s functions by a committee or by one or more of the members, officers or servants of the Commission.

6 U.K. The validity of any proceedings of the Commission shall not be affected by any defect in the appointment of a member or by any vacancy among the members or in the office of chairman.

Financial provisions U.K.

7 U.K. The Secretary of State shall pay to the Commission expenses incurred or to be incurred by the Commission under paragraphs 2 and 3 of this Schedule and, with the consent of the Minister for the Civil Service and the Treasury, shall pay to the Commission such sums as the Secretary of State thinks fit for enabling the Commission to meet other expenses.

8 (1) It shall be the duty of the Commission— U.K.

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to cause the accounts kept and the statement prepared for each financial year to be audited by auditors appointed by the Commission with the approval of the Secretary of State.

(2) A person shall not be qualified to be appointed as an auditor in pursuance of sub-paragraph (1) unless he is a member of one or more of the following bodies—

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants of Scotland;

• the Association of Certified Accountants;

• the Institute of Chartered Accountants in Ireland;

• any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of [F2 section 389(1)(a) of the Companies Act 1985] by the Secretary of State [F3 but a Scottish firm may be so appointed if each of the partners in the firm is qualified to be so appointed].

Textual Amendments

F2 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F3 Words inserted by Cable and Broadcasting Act 1984 (c.46, SIF 96), Sch. 5 para. 40(10)

Status of Commission U.K.

9 U.K. The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Commission’s property shall not be regarded as property of or property held on behalf of the Crown.