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Broadcasting Act 1990

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Section 56.

SCHEDULE 6U.K. [F1S4C]: Supplementary Provisions

Textual Amendments

Status and capacityU.K.

1(1)[F2S4C] 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.U.K.

[F3(2)[F4S4C] may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

(3)The powers of the Authority under sub-paragraph (2) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

(a)to carry on activities (other than those comprised in their duty to carry out their functions under section 204 of the Communications Act 2003) through S4C companies; and

(b)to participate with others in the carrying on of any such activities.]

Textual Amendments

Appointment of membersU.K.

F52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenure of officeU.K.

F53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration and pensions of membersU.K.

F54U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disqualification of members of Authority for House of CommonsU.K.

F55U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

ProceedingsU.K.

F56U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Employees of [F6S4C] U.K.

Textual Amendments

9(1)[F7S4C] shall appoint a secretary and may appoint such other employees as they may determine.U.K.

(2)If [F8S4C] determine to do so in the case of any of their employees, [F8S4C] 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 [F8S4C] may determine.

[F9(3)If a person—

(a)participates in a pension scheme as an employee of S4C, and

(b)on or after ceasing to be an employee of S4C, becomes a non-executive member of the S4C Board,

the person’s service as a non-executive member of the S4C Board may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee of S4C.]

Textual Amendments

Authentication of [F10S4C’s] sealU.K.

Textual Amendments

10U.K.The application of the seal of [F11S4C] shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Textual Amendments

Presumption of authenticity of documents issued by [F12S4C] U.K.

Textual Amendments

11U.K.Any document purporting to be an instrument issued by [F13S4C] and to be duly executed under the seal of [F13S4C] or to be signed on behalf of [F13S4C] shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Textual Amendments

Accounts and auditU.K.

12(1)[F14S4C] 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 the Secretary of State may direct with the approval of the Treasury.U.K.

[F15(1A)The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with [F16the assets of [F17S4C] that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets.]]

[F18(2A)S4C must send a copy of its statement of accounts to the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates.

(2B)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement of accounts of S4C, and

(b)send a copy of the report and certified statement of accounts to the Secretary of State.

(2C)The Secretary of State must lay before Parliament a copy of each such report and certified statement.

(2D)As soon as possible after the Secretary of State lays copies of the report and statement of accounts before Parliament, S4C must arrange for the report and certified statement to be laid before Senedd Cymru.

(2E)S4C must ensure that each S4C subsidiary undertaking appoints the Comptroller and Auditor General as auditor, unless the S4C subsidiary undertaking requests the Comptroller and Auditor General’s permission to appoint another person and the Comptroller and Auditor General permits the appointment of that person as auditor.

(2F)The Comptroller and Auditor General may inspect the accounts of any S4C subsidiary undertaking (regardless of who is appointed as auditor).]

(4)[F19S4C] shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

(a)afford to him or them full liberty to examine the accounts of [F20S4C]; and

(b)furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of [F20S4C].

[F21(5)S4C must ensure that an S4C subsidiary undertaking, if told to do so by the Secretary of State or any person authorised by the Secretary of State, grants the Secretary of State or authorised person access to—

(a)that undertaking’s accounts;

(b)information and documents relating to that undertaking’s financial transactions and commitments.

(6)In this paragraph “S4C subsidiary undertaking” means an undertaking which, for the purposes of the Companies Act 2006, is a subsidiary undertaking of S4C (see section 1162 of that Act).]

Textual Amendments

F14Word in Sch. 6 para. 12(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F15Sch. 6 para. 12(1A) inserted (1.10.1996) by 1996 c. 55, s. 81(2); S.I. 1996/2120, art. 4, Sch. 1

F16Words in Sch. 6 para. 12(1A) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 71(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F17Word in Sch. 6 para. 12(1A) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F18Sch. 6 para. 12(2A)-(2F) substituted for Sch. 6 para. 12(2)(3) (23.8.2024) by Media Act 2024 (c. 15), ss. 34(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(l)

F19Word in Sch. 6 para. 12(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F20Word in Sch. 6 para. 12(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F21Sch. 6 para. 12(5)(6) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 34(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(l)

Annual reportsU.K.

13(1)As soon as possible after the end of every financial year, [F22S4C] shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.U.K.

F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(3)The report shall also—

(a)set out every contravention notification given by OFCOM to [F22S4C] during the year; and

(b)include such other information (including information relating to [F25S4C’s] financial position) as the Secretary of State may from time to time direct.

(4)In sub-paragraph (3), “contravention notification” means a notification of a determination by OFCOM of a contravention by [F22S4C] of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.]

Textual Amendments

Advisory committeesU.K.

14U.K.[F26S4C] may appoint, or arrange for the assistance of, advisory committees to give advice to them on such matters relating to [F27S4C’s] functions as [F28S4C] may determine.

Textual Amendments

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