SCHEDULES

SCHEDULE 6F6S4C: Supplementary Provisions

Section 56.

Annotations:
Amendments (Textual)

Status and capacity

1

1

F11S4C 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.

F42

F10S4C 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.

Appointment of members

F52

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Tenure of office

F53

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Remuneration and pensions of members

F54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification of members of Authority for House of Commons

F55

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Proceedings

F56

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F57

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F58

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Employees of F7S4C

Annotations:
Amendments (Textual)

9

1

F12S4C shall appoint a secretary and may appoint such other employees as they may determine.

2

If F13S4C determine to do so in the case of any of their employees, F13S4C 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 F13S4C may determine.

F143

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.

Authentication of F8S4C’s seal

Annotations:
Amendments (Textual)

10

The application of the seal of F15S4C 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 F9S4C

Annotations:
Amendments (Textual)

11

Any document purporting to be an instrument issued by F16S4C and to be duly executed under the seal of F16S4C or to be signed on behalf of F16S4C shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

12

1

F20S4C 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.

F11A

The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with F3the assets of F19S4C 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.

F172A

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

F21S4C 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 F22S4C; 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 F22S4C.

F185

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).

Annual reports

13

1

As soon as possible after the end of every financial year, F23S4C 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.

F242

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F23

The report shall also—

a

set out every contravention notification given by OFCOM to F23S4C 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 F23S4C of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.

Advisory committees

14

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