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BROADCASTING ACT, 2001

Type Act
Publication 2001-03-14
Last updated 2009-07-12
State Repealed superseded text
Text As published
Source Irish Statute Book
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articles 65

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

6 amending acts · 2009-07-12, Broadcasting Act 2009

Act to make further provision in relation to broadcasting, for that purpose to make separate provision in relation to the following discrete aspects of broadcasting, namely, the supply of programme material for the purpose of its being transmitted and the transmission of such material that is so supplied to confer on 2 companies designated by the Minister for Arts, Heritage, Gaeltacht and the Islands for that purpose functions in relation to such transmission and, as regards such transmission that is effected by digital means in relation to the combination of material as aforesaid and related and other data in digital form, to confer additional functions on the Independent Radio and Television Commission and rename that body as Coimisiún Craolacháin na hÉireann or, in the English language, the Broadcasting Commission of Ireland, to establish a body to be known as Teilifís na Gaeilge and to define its functions, to amend the Broadcasting Authority Acts, 1960 to 1993, and certain other enactments and to provide for related matters

Reform history JSON API
  • (i) in case he or she 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 or she ceases to be a member of Seanad Éireann or the European Parliament,
  • (ii) in case he or she 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 or her nomination and ending when he or she ceases to be a member of such House or the European Parliament, as the case may be, or withdraws his or her 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 or she is so entitled or is such a member, be disqualified from becoming a member of the body or from employment in any capacity by the body.
  • (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 body for the purpose of any pensions, gratuities or other allowances payable on retirement or death.
12.

(1) The body 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 body (including the chief executive) as it may think fit and the body shall submit any such scheme to the Minister for his or her 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 body may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved of under this paragraph.
  • (4) 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 or schemes 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 body in accordance with its terms.
  • (6) No pension, gratuity or other allowance shall be granted by the body on the resignation, retirement or death of a member of the staff of the body (including the chief executive) otherwise than in accordance with a scheme under this paragraph or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a pension, gratuity or allowance, in accordance with that sanction.
  • (7) Every scheme submitted and approved under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
13.

It shall be the duty of the body so to conduct its affairs as to ensure that its expenses can be met from its revenues.

14.

The body 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.

15.

(1) The body 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 body, with the consents aforesaid, may determine.

  • (2) The borrowing powers conferred by this paragraph on the body 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 body or upon any particular property of the body and provisions establishing the priority of such charges amongst themselves.
16.

The body may invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

17.

(1) The body 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 body 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 body 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 or her.
  • (4) As soon as may be after he or she has received the documents required to be furnished to him or her under this paragraph, the Minister shall cause such documents to be laid before each House of the Oireachtas.
18.

(1) The body 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 body's proceedings under this Act as the Minister may specify.
  • (3) The body shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

Footnotes

(1)

O.J. No. L. 298/23, 17 October 1989

(2)

O.J. No. L. 202/60, 30 July 1997

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