Radio and Television Act, 1988
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SCHEDULE | ||
Membership of Commission. | ||
1. (1) The members of the Commission shall be appointed by the Government and shall be not less than seven nor more than ten in number. | ||
(2) The period of office of a member of the Commission shall be such period, not exceeding five years, as the Government may determine when appointing him. | ||
(3) A member of the Commission whose term of office expires by effluxion of time shall be eligible for reappointment. | ||
(4) A member of the Commission may resign his membership by letter sent to the Government and the resignation shall take effect on and from the date of receipt of the letter. | ||
(5) A person shall not be appointed to be a member of the Commission unless he has had experience of, or shown capacity in, media or commercial affairs, radio communications engineering, trade union affairs, administration or social, cultural, educational or community activities. | ||
Chairman of Commission. | ||
2. (1) The Government shall from time to time as occasion requires appoint a member of the Commission to be chairman thereof. | ||
(2) The chairman of the Commission shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under subparagraph (4) of this paragraph, hold office until the expiration of his period of office as a member of the Commission. | ||
(3) The chairman of the Commission may at any time resign his office as chairman by letter sent to the Government and the resignation shall take effect at the commencement of the meeting of the Commission held next after the Commission has been informed by the Government of the resignation. | ||
(4) Where the chairman of the Commission ceases during his term of office as chairman to be a member of the Commission, he shall also then cease to be chairman of the Commission. | ||
Removal of member of Commission. | ||
3. A member of the Commission may be removed from office by the Government for stated reasons, if, but only if, resolutions are passed by both Houses of the Oireachtas calling for his removal. | ||
Remuneration and terms of office of members of Commission. | ||
4. (1) A member of the Commission shall be paid out of funds at the disposal of the Commission— | ||
(a) such remuneration as may be fixed from time to time by the Minister, with the consent of the Minister for Finance, and | ||
(b) such amounts in respect of expenses as the Commission, with the approval of the Minister given with the consent of the Minister for Finance, considers reasonable. | ||
(2) Subject to the provisions of this Act, a member of the Commission shall hold office upon and subject to such terms and conditions as may, from time to time, be determined by the Minister, with the consent of the Minister for Finance. | ||
(3) The Minister shall cause a statement in writing specifying the terms of office and the remuneration of the members of the Commission to be laid before both Houses of the Oireachtas. | ||
Disclosure by member of Commission of interest in proposed contract. | ||
5. A member of the Commission who has— | ||
(a) any interest in any company or concern with which the Commission proposes to make any contract, or | ||
(b) any interest in any contract which the Commission proposes to make, | ||
shall disclose to the Commission the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Commission relating to the contract, and the disclosure shall be recorded in the minutes of the Commission. | ||
Seal of Commission. | ||
6. (1) The Commission shall as soon as may be after its establishment provide itself with a seal. | ||
(2) The seal of the Commission shall be authenticated by the signature of the chairman of the Commission or some other member thereof authorised by the Commission to act in that behalf and the signature of an officer of the Commission authorised by the Commission to act in that behalf. | ||
(3) Judicial notice shall be taken of the seal of the Commission, and every document purporting to be an instrument made by the Commission and to be sealed with the seal (purporting to be authenticated in accordance with this paragraph) of the Commission shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown. | ||
Meetings and procedure of Commission. | ||
7. (1) The Commission shall hold such and so many meetings as may be necessary for the due fulfilment of its functions. | ||
(2) The Minister may fix the date, time and place of the first meeting of the Commission. | ||
(3) Subject to the provisions of this Act, the Commission shall regulate its procedure by rules made under this subparagraph. | ||
(4) At a meeting of the Commission— | ||
(a) the chairman of the Commission shall, if present, be chairman of the meeting, | ||
(b) if and so long as the chairman is not present or the office of chairman is vacant, the members of the Commission who are present shall choose one of their number to be chairman of the meeting. | ||
(5) Every question at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote. | ||
(6) The Commission may act notwithstanding one or more vacancies among its members. | ||
(7) The quorum for a meeting of the Commission shall be fixed by rules made under subparagraph (3) of this paragraph, but— | ||
(a) it shall not be less than five, and | ||
(b) until it is so fixed, it shall be five. | ||
Officers and servants of Commission. | ||
8. (1) The Commission shall, with the approval of the Minister, from time to time appoint a person to be the chief executive officer of the Commission, and such person shall be known, and in this Act is referred to, as the chief executive. | ||
(2) The Commission may, as well as appointing the chief executive, appoint so many other persons to be members of the staff of the Commission, and to serve in such grades, as the Commission, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines. | ||
(3) The Commission may exercise all or any of its functions through or by such members of its staff as may be duly authorised in that behalf by the Commission. | ||
Conditions of service, remuneration etc., of officers and servants of Commission. | ||
9. (1) A member of the staff of the Commission, (including the chief executive) shall hold his office or employment on such terms and conditions as the Commission, with the approval of the Minister given with the consent of the Minister for Finance, may from time to time determine. | ||
(2) There shall be paid by the Commission to its staff (including the chief executive) such remuneration and allowances as the Commission, with the approval of the Minister given with the consent of the Minister for Finance, thinks fit. | ||
(3) In determining the remuneration or allowances to be paid to its staff or the terms or conditions subject to which such staff hold or are to hold their employment, the Commission shall comply with any directive with regard to such remuneration, allowances, terms and conditions which the Minister, with the consent of the Minister for Finance, may give from time to time, to the Commission. | ||
(4) The Commission may at any time remove any member of the staff of the Commission from being a member of its staff. | ||
(5) Notwithstanding the foregoing provisions of this paragraph, the chief executive shall not be removed without the consent of the Minister. | ||
Membership of either House of Oireachtas or of European Parliament. | ||
10. (1) Where a member of the Commission is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or | ||
(c) regarded pursuant to section 15 (inserted by the Act of 1984) of the Act of 1977, as having been elected to the European Parliament to fill a vacancy, | ||
he shall thereupon cease to be a member of the Commission. | ||
(2) Where a person employed by the Commission is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or | ||
(c) regarded pursuant to section 15 (inserted by the Act of 1984) of the Act of 1977 as having been elected to the European Parliament to fill a vacancy, | ||
he shall stand seconded from employment by the Commission and shall not be paid by, or entitled to receive from, the Commission any remuneration or allowances— | ||
(i) in case he is nominated as a member of Seanad Éireann or is regarded as having been elected to the European Parliament, in respect of the period commencing on such nomination or election, as the case may be, and ending when he ceases to be a member of Seanad Éireann or the European Parliament, | ||
(ii) in case he is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, in respect of the period commencing on his nomination and ending when he ceases to be a member of such House or the European Parliament, as the case may be, or withdraws his candidature or fails to be elected, as may be appropriate. | ||
(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Commission or from employment in any capacity by the Commission. | ||
(4) Without prejudice to the generality of subparagraph (2) of this paragraph, that subparagraph shall be construed as prohibiting the reckoning of a period mentioned in clause (i) or (ii) of that subparagraph, as service with the Commission for the purpose of any pensions, gratuities or other allowances payable on retirement or death. | ||
(5) In this paragraph— | ||
“the Act of 1977” means the European Assembly Elections Act, 1977 ; | ||
“the Act of 1984” means the European Assembly Elections Act, 1984 . | ||
Superannuation of staff of Commission. | ||
11. (1) The Commission may prepare a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such members of the staff of the Commission (including the chief executive) as it may think fit and the Commission shall submit any such scheme to the Minister for his approval. | ||
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement or death are payable under the scheme, and different times and conditions may be fixed in relation to different classes of persons. | ||
(3) The Commission may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved of under this paragraph. | ||
(4) A scheme submitted to the Minister under this paragraph shall provide that if any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. | ||
(5) A scheme submitted to the Minister under this paragraph shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Commission in accordance with its terms. | ||
(6) No pension, gratuity or other allowance shall be granted by the Commission on the resignation, retirement or death of a member of the staff of the Commission (including the chief executive) otherwise than in accordance with a scheme under this paragraph. | ||
(7) Every scheme submitted and approved of under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
General duty of Commission with respect to its revenue. | ||
12. (1) It shall be the duty of the Commission so to conduct its affairs as to secure that its revenue becomes as soon as possible, and thereafter continues to be, at least sufficient to meet its expenses. | ||
(2) Any excess of the revenue of the Commission over its expenditure shall be applied in such manner as the Minister, after consultation with the Commission and with the approval of the Minister for Finance, may direct, and any such direction may require that all, or part as may be specified in the direction, of such excess be paid into the Central Fund. | ||
Temporary borrowings. | ||
13. The Commission may, with the approval of the Minister, given with the consent of the Minister for Finance, borrow temporarily by arrangement with bankers such sums (including sums in a currency other than the currency of the State) as it may require for the purpose of providing for current expenditure. | ||
Borrowing powers for general purposes. | ||
14. (1) The Commission may, with the approval of the Minister, given with the consent of the Minister for Finance, borrow money (including money in a currency other than the currency of the State) by means of the creation of stock or other forms of security to be issued, transferred, dealt with and redeemed in such manner and on such terms and conditions as the Commission, with the consents aforesaid, may determine. | ||
(2) The borrowing powers conferred by this paragraph on the Commission may, subject to the consent of the Minister, be exercised for any purpose arising in the performance of its functions, but there may be attached to a consent to borrow the condition that the moneys shall be utilised only for the purpose of a programme of capital works approved by the Minister. | ||
(3) The terms upon which moneys are borrowed under this paragraph may include provisions charging the moneys and interest thereon upon all property of whatsoever kind for the time being vested in the Commission or upon any particular property of the Commission and provisions establishing the priority of such charges amongst themselves. | ||
Investment by Commission. | ||
15. The Commission may invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds. | ||
Accounts and audits. | ||
16. (1) The Commission shall keep in such form as shall be approved by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet. | ||
(2) Accounts kept in pursuance of this paragraph shall be submitted annually by the Commission to the Comptroller and Auditor General for audit at such time as the Minister, with the concurrence of the Minister for Finance, directs. | ||
(3) Immediately after every audit under this paragraph of its accounts, the Commission shall send to the Minister— | ||
(a) a copy of the income and expenditure account and balance sheet as certified by the Comptroller and Auditor General, | ||
(b) a copy of the report of the Comptroller and Auditor General, and | ||
(c) copies of such of the accounts submitted for audit as the Minister may appoint as accounts of which copies are to be furnished to him. | ||
(4) As soon as may be after he has received the documents required to be furnished to him under this paragraph, the Minister shall cause such documents to be laid before each House of the Oireachtas. | ||
Annual report and information to Minister. | ||
17. (1) The Commission shall, in each year, at such date as the Minister may direct, make a report to the Minister of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the Report to be laid before each House of the Oireachtas. | ||
(2) Whenever the Minister so directs, the annual report shall also include information on such particular aspects of the Commission's proceedings under this Act as the Minister may specify. | ||
(3) The Commission shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require. |