Broadcasting Act 1981

• (2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Commission, of any of the Commission's functions by a committee or by one or more of the members, officers or servants of the Commission.

6

The validity of any proceedings of the Commission shall not be affected by any defect in the appointment of a member or by any vacancy among the members or in the office of chairman.

Financial provisions

7

The Secretary of State shall pay to the Commission expenses incurred or to be incurred by the Commission under paragraphs 2 and 3 of this Schedule and, with the consent of the Minister for the Civil Service and the Treasury, shall pay to the Commission such sums as the Secretary of State thinks fit for enabling the Commission to meet other expenses.

8

• (1) It shall be the duty of the Commission—

• (a) to keep proper accounts and proper records in relation to the accounts ;

• (b) to 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 ; and

• (c) to cause the accounts kept and the statement prepared for each financial year to be audited by auditors appointed by the Commission with the approval of the Secretary of State.

• (2) A person shall not be qualified to be appointed as an auditor in pursuance of sub-paragraph (1) unless he is a member of one or more of the following bodies—

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants of Scotland ;

• the Association of Certified Accountants ;

• the Institute of Chartered Accountants in Ireland ;

• any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(l)(a) of the Companies Act 1948 by the Secretary of State.

Status of Commission

9

The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Commission's property shall not be regarded as property of or property held on behalf of the Crown.

SCHEDULE 8

General

1

Any reference in this Act (whether express or implied) to a thing done or falling to be done under a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision ; and where that provision was itself a re-enactment of an earlier provision such references shall extend in the same way to that earlier provision, and so on.

Programme contracts

2

Nothing in the repeals made by this Act shall affect—

• (a) the continued operation of paragraphs 1 and 2 of Schedule 2 to the Independent Broadcasting Authority Act 1974 with respect to contracts in force immediately before the commencement of that Act; or

• (b) the continued operation of paragraph 1 of Schedule 6 to the Broadcasting Act 1980 with respect to contracts in force immediately before the commencement of the provisions of that Act to which that paragraph applies, except that, in the operation of that paragraph in relation to the commencement of any such provision by virtue of whose commencement this Act comes into force under section 66(4), references in that paragraph to the new statutory provisions shall be read as references to this Act (instead of as provided by sub-paragraph (2) of that paragraph).

3

In its application to contracts for the provision of local sound broadcasts for a period beginning before 1st January 1980, section 19(1)(b) shall have effect as if the reference to the relevant maximum period were a reference to a period of 11 years or the period ending with 31st December 1986, whichever is the shorter.

4

In relation to contracts for the provision of teletext transmissions for a period beginning on or before 1st January 1982—

• (a) subsections (3) and (4) of section 19 shall not apply ; and

• (b) subsection (5) shall have effect as if the words " other than the first" were omitted.

5

Nothing in any provision of Part I relating to the Fourth Channel or the Welsh Authority, or in Part II, shall be taken to require the variation of any contract between the Authority and a TV programme contractor made before 13th November 1980 and relating only to a period or periods ending before 1st January 1982.

Expenditure relevant for the purposes of s.35

6

For the purposes of section 35 (as it has effect in relation to the additional payments mentioned in either subsection (1)(b) or (2)(b) of section 32), account may be taken of any expenditure which is referable to any period before the commencement of this Act.

Saving of amendments

7

Any enactment passed before 12th June 1972, and any statutory instrument having effect by virtue of such an enactment, which had effect immediately before the commencement of this Act with the amendment made by section 38 of the Independent Broadcasting Authority Act 1973 shall continue to have effect with that amendment, that is, with the substitution of the name " Independent Broadcasting Authority " for the name " Independent Television Authority ".

8

Part II of Schedule 1 to the House of Commons Disqualification Act 1975 shall continue to have effect with the amendments made by paragraph 10 of Schedule 1 and paragraph 7 of Schedule 3 to the Broadcasting Act 1980, and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 shall continue to have effect with the amendment made by the said paragraph 7 of Schedule 3 to that Act

SCHEDULE 9