SCHEDULES
F1SCHEDULE 2
Preliminary
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Status
2
The F3Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.
Powers
3
The F4Authority shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise or performance of any of its functions including, in particular, power—
a
to acquire or dispose of land or other property;
b
to enter into contracts;
c
to form bodies corporate or to subscribe for shares or stock;
d
to invest any sums not immediately required for the purpose of the discharge of its functions;
e
to accept gifts of money, land or other property; and
f
to borrow money.
4
1
The F5Authority shall also have power to furnish assistance, other than financial assistance, to any person or body, whether within or outside the United Kingdom.
2
Assistance may be provided on such terms and subject to such conditions (if any) as the F5Authority may determine.
3
In particular assistance may be provided free of charge or on such terms as to payment as the F5Authority may determine.
4
The consent of the Secretary of State shall be required for the exercise of any power conferred by this paragraph.
Chief officer
5
1
The F6Authority shall have a chief officer who shall be appointed—
a
in the case of a person who is also chairman of the F6Authority, by the Secretary of State;
b
in any other case, by the F6Authority with the approval of the Secretary of State.
2
The appointment of the chief officer shall be on such terms and conditions as the Secretary of State or, as the case may be, the F6Authority with the approval of the Secretary of State may determine.
3
No member of the Authority other than the chairman shall be appointed as chief officer.
Qualifications of members and tenure of office
6
1
A person shall hold and vacate office as a member or as chairman or deputy chairman of the F7Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment.
2
A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the F7Authority.
7
1
If the Secretary of State is satisfied that a member of the F8Authority—
a
b
is unable or unfit to discharge the functions of a member;
the Secretary of State may by notice in writing to that member remove him from office.
2
If the chairman or deputy chairman of the F8Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.
Salaries, allowances and pensions for members
8
1
The F9Authority—
a
shall pay the members of the F9Authoritysuch salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine; and
2
If a person ceases to be a member of the F9Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the F9Authority to make to that person a payment of such amount as the Secretary of State may determine.
3
A determination or direction of the Secretary of State under sub-paragraph (1) or (2) above requires the approval of the Treasury.
House of Commons disqualification
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
10
1
The F12Authority may, with the approval of the Secretary of State as to numbers given with the consent of the Treasury, appoint such employees as it thinks fit.
2
The F12Authority shall pay to its employees such remuneration and allowances as it may determine.
3
4
A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.
5
6
The F12Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.
7
Where an employee of the F12Authority is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the F12Authority the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority(whether or not any benefits are payable to or in respect of him by virtue of paragraph 8 above).
F16 Finance
Sch. 2 para. 11 and marginal heading “Finance" substituted for Sch. 2 para. 11 and marginal heading “Expenses" (1.10.1993) by 1993 c. 35, s.249; S.I. 1993/1975, art. 9, Sch.1
F1411
1
The Secretary of State may make grants to the F15Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by it in carrying out its functions.
2
The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.
3
The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.
Committees
12
1
The F17Authority may establish a committee for any purpose.
2
The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the F17Authority.
3
Such a committee may include persons who are not members of the F17Authority.
4
The F17Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
Delegation of functions
13
The F18Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 above to exercise such of its functions as it may determine.
F1913A
1
2
Proceedings
14
The validity of proceedings of the F24Authority shall not be affected by a vacancy among the members or any defect in the appointment of a member.
15
The F25Authority shall have power to regulate its own procedure and that of any of its committees.
Application of seal and proof of instruments
16
The application of the seal of the F26Authority shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.
17
Any document purporting to be an instrument made or issued by or on behalf of the F27Authorityand to be duly executed under the seal of the F27Authority, or to be signed or executed by a person authorised by the F27Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Accounts
18
1
It shall be the duty of the F28Authority—
a
to keep proper accounts and proper records in relation to the accounts;
b
c
to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
F301A
The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
a
the information to be contained in it;
b
the manner in which the information contained in it is to be presented; or
c
the methods and principles according to which the statement is to be prepared.
2
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
3
In this paragraph “financial year” means the period beginning with the date on which the F28Authority is established and ending with the second 31st March following that date, and each successive period of twelve months.
Sch. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).