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DEPARTMENT OF NATIONAL HERITAGE - BROADCASTING
Introduction
INCORPORATION
TERM OF CHARTER
OBJECTS OF THE CORPORATION
RESTRICTION ON OVERSEAS CONCESSIONS
PROVISION AND REVIEW OF SERVICES
CONSTITUTION
ADVISORY BODIES
NATIONAL BROADCASTING COUNCILS
ENGLISH REGIONAL COUNCILS
ORGANISATION
FINANCIAL
ANNUAL REPORT AND STATEMENT OF ACCOUNTS
GENERAL
DISSOLUTION AND WINDING UP
DIRECTIONS AND APPROVALS
INTERPRETATION
GENERAL DECLARATION
Introduction
TREASURY MINUTE
AGREEMENT
1. DEFINITIONS AND INTERPRETATION
2. PROVISION OF THE PUBLIC SERVICES
3. PROGRAMME CONTENT
4. OBJECTIVES FOR THE HOME SERVICES
5. PROGRAMME STANDARDS
6. HOURS OF BROADCASTING
7. TRANSMISSION FACILITIES
8. DEFENCE AND EMERGENCY ARRANGEMENTS
9. THE WORLD SERVICE
10. FUNDING OF THE CORPORATION
11. ARCHIVES
12. RESEARCH
13. ETHICS
14. NON ASSIGNMENT
15. TERMINATION
16. APPROVALS AND DIRECTIONS
17. REVOCATION OF EXISTING LICENCE AND AGREEMENT
18. PARLIAMENTARY APPROVAL
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!
WHEREAS on the twentieth day of December in the year of our Lord One thousand nine hundred and twenty-six by Letters made Patent under the Great Seal, Our Royal Predecessor His Majesty King George the Fifth granted unto the British Broadcasting Corporation (hereinafter called "the Corporation") a Charter of Incorporation
AND WHEREAS on divers dates by Letters made Patent under the Great Seal, further Charters of Incorporation and Supplemental Charters have been granted unto the Corporation, the last such Charter having been granted to the Corporation on the seventh day of July One thousand nine hundred and eighty-one ("the Existing Charter")
AND WHEREAS the period of incorporation of the Corporation under the Existing Charter will expire on the thirty-first day of December One thousand nine hundred and ninety-six and it has been represented unto Us by Our right trusty and well beloved Counsellor Virginia Bottomley Our Secretary of State for National Heritage, that it is expedient that the Corporation should be continued for the period ending on the thirty-first day of December two thousand and - si
AND WHEREAS in view of the widespread interest which is taken by Our Peoples in broadcasting services and of the great value of such services as means of disseminating information, education and entertainment, We believe it to be in the interests of Our Peoples in Our United Kingdom and elsewhere within the Commonwealth that there should be an independent corporation which should continue to provide broadcasting services and should be permitted to provide other audio-visual services pursuant to such licences in that behalf as Our Secretary of State for Trade and Industry and such agreements in that behalf as Our Secretary of State may from time to time grant to and make with the Corporation
NOW KNOW YE that We by Our Prerogative Royal and of Our especial grace, certain knowledge and mere motion do by this Our Charter for Us, Our Heirs and Successors will, ordain and declare as follows:-
1. The Corporation shall continue to be a body corporate by the name of The British Broadcasting Corporation with perpetual succession and a common seal with power to break, alter and renew the same at discretion; willing and ordaining that the Corporation shall and may sue and be sued in all Courts and be capable in law to take and hold real and personal property and do all matters and things incidental or pertaining to a body corporate, but so that the Corporation shall apply the whole of its income solely in promoting its objects. The Governors of the Corporation shall be the members thereof.
2. This Our Charter shall come into force on the first day of May, One thousand nine hundred and ninety-six, from which date the Existing Charter shall be revoked. Subject as herein provided this Our Charter shall continue in force until the thirty-first day of December Two thousand and - six.
3. The objects of the Corporation are as follows:-
(a) To provide, as public services, sound and television broadcasting services (whether by analogue or digital means) and to provide sound and television programmes of information, education and entertainment for general reception in Our United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man and the territorial waters thereof, and on board ships and aircraft (such services being hereinafter referred to as "the Home Services") and for reception elsewhere within the Commonwealth and in other countries and places overseas (such services being hereinafter referred to as "the World Service") the Home Services and the World Service together being hereinafter referred to as "the Public Services".
(b) Subject to the prior approval of Our Secretary of State or within such limits as may be agreed from time to time between the Corporation and Our Secretary of State, to provide, as public services, other services whether or not broadcasting or programme supply services (such services being hereinafter referred to as "the Ancillary Services").
(c) Subject to the prior approval of Our Secretary of State, to provide (whether alone or together with any other person firm or corporation) sound and television broadcasting services and communication services (whether by analogue or digital means) and to provide sound and television programmes of information, education and entertainment funded by advertisements, subscription, sponsorship, pay-per-view system, or any other means of finance whether for reception by the general public free of charge or available on individual demand or encrypted or not in Our United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man and the territorial waters thereof and elsewhere in the world (such services being hereinafter referred to as "the Commercial Services").
(d) To hold the existing and to construct or acquire or lease and establish and install additional stations for wireless telegraphy and apparatus for wireless telegraphy in Our United Kingdom, the Channel Islands and the Isle of Man, and to use the same for the emission and reception of wireless telegraphy for the purposes aforesaid, and for purposes ancillary or related to those purposes.
(e) To hold the existing and to construct or acquire or lease additional equipment and apparatus for the transmission and reception and relaying of telecommunication signals over telecommunication systems or by any other method whether now known or hereafter invented or developed and whether or not over paths provided by any material substance in Our United Kingdom, the Channel Islands and the Isle of Man, and to use the same for purposes ancillary or related to the purposes aforesaid.
(f) For all the purposes of this Our Charter to acquire from time to tim from Our Secretary of State for Trade and Industry a licence or licences for such period and subject to such terms, provisions and limitations as he may prescribe, and to exercise the powers herein granted to the Corporation in conformity in all respects therewith and with any agreement or agreements which may from time to time be made by Our Secretary of State with the Corporation, and not in any other manner whatsoever.
(g) To develop, extend and improve the Home Services and the World Service and to those ends to exercise such licence or licences in such manner or by such means and methods as may from time to time be agreed by the Corporation and Our Secretary of State for Trade and Industry, and to concur in any extension, adaptation or modification of the terms, provisions or limitations of any such licence or licences as may to Our Secretary of State for Trade and Industry seem fit.
(h) To hold all other existing property of the Corporation and to acquire additional property, whether such properties be within or without Our United Kingdom, the Channel Islands and the Isle of Man, and to equip and use such properties for carrying out any of the objects of the Corporation.
(i) Subject to the prior approval of Our Secretary of State (or an appropriate of Our Secretary of State for Foreign and Commonwealth Affairs) and to the acquisition (subject as hereinafter provided) of any requisite licences, concessions, rights or privileges, to construct or acquire or lease and establish, install, equip and use stations for wireless telegraphy and apparatus for wireless telegraphy and telecommunication systems and any other equipment for the transmission of sound, visual images, messages or any combination thereof by any method whether now known or hereafter invented or developed and whether or not over paths provided by any material substance in countries or places without Our United Kingdom, the Channel Islands and the Isle of Man, or in space, for the purpose of providing, within the scope or ambit of any such approval for the time being in force, and as may be permitted thereby or thereunder, such sound and television broadcasting services and sound and television programmes of information education and entertainment as may in such approval be specified, for reception in such countries or places as may in or under such approval be designated; and for receiving such services and programmes by such methods and for such purposes as may by or under such approval be permitted.
(j) To perform services in any part of the world for and on behalf of any Department of Our Government in Our United Kingdom, and in particular to provide, erect, equip and instal, or supervise the provision, erection, equipment and installation of stations, studios, apparatus, machinery, plant and other equipment for transmitting and receiving services, programmes and telecommunication signals, and to work or manage, or to supervise the working or management of such stations, studios, apparatus, machinery, plant and equipment.
(k) To provide to other bodies, whether within Our United Kingdom, the Channel Islands and the Isle of Man or elsewhere, by such means and methods as may be convenient, services, programmes and materials to be transmitted or distributed by such bodies and to receive from such other bodies services, programmes and materials to be transmitted by stations of the Corporation for reception as aforesaid.
(l) To commission, compile, prepare, edit, make, print, publish, issue, circulate and distribute, with or without charge, such books, magazines, periodicals, journals, printed matter, records, cassettes, compact discs, videotapes and audiovisual and/or interactive material (whether analogue or digital and whether on media now known or hereafter invented) as may be conducive to any of the objects of the Corporation.
(m) To establish and maintain libraries and archives containing material relevant to the objects of the Corporation, and to make available to the public such libraries and archives with or without charge.
(n) To organise, present, produce, provide or subsidise concerts, shows, variety performances, revues, musical and other productions and performances and other entertainments (whether live or recorded) in connection with the broadcasting and programme supply services of the Corporation or for any purpose incidental thereto.
(o) To collect news and information in any part of the world and in any manner that may be thought fit and to establish and subscribe to news agencies.
(p) To carry out research and development work in relation to any technology relevant to the objects of the Corporation and to acquire by operation of law, registration, purchase, assignment, licence or otherwise copyright and design right in any matter whatsoever, and any trademarks and trade names and any other intellectual, industrial and commercial property rights, and to use, exercise, develop, grant licences in respect of, or otherwise turn to account the same with a view to the furtherance of any of the objects of the Corporation and to apply for and obtain, purchase or otherwise acquire and turn to account in any manner that may be thought fit any Letters Patent or patent rights or any interest in any Letters Patent or patent rights, brevets d'invention, utility models, licences, concessions, and the like conferring any right or privilege, whether exclusive, non-exclusive or limited, to use any secret or other information as to any invention in relation to any device or machine serving or calculated to serve any useful purpose in connection with any of the objects of the Corporation.
(q) For the purposes of any of the objects of the Corporation or for any purposes incidental thereto, to develop, produce, manufacture, purchase, acquire, use, display, sell, rent or dispose of sound recordings and films (as both such terms are defined in the Copyright Designs and Patents Act 1988) and material and apparatus for use in connection with such sound recordings and films.
(r) Subject as hereinafter provided, to enter into any arrangement with any Governments or authorities, supra-national, supreme, municipal, local or otherwise, which may seem conducive to the Corporation's objects or any of them, and to obtain from any such Government or authorities any licences, rights, privileges, and concessions which the Corporation may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, licences, rights, privileges and concessions.
(s) To establish and support or aid in the establishment or support of associations, institutions, funds, trusts and amenities calculated to benefit employees or former employees of the Corporation or the dependents or relatives of such persons, and to grant pensions and allowances, to make payments towards insurances and to establish and support or aid in the establishment or support of associations, institutions, funds, trusts and amenities and subscribe or guarantee money for general charitable or benevolent objects or for any exhibition or for any public, general or useful object.
(t) To purchase, take on lease or in exchange, hire or otherwise acquire any real and personal property and any interests, rights or privileges which the Corporation may think necessary or convenient for the purposes of its business or the furtherance of its objects and in particular (but without limitation) any land, buildings, easements, apparatus, machinery, plant and stock-in-trade.
(u) Subject to the prior approval of Our Secretary of State, to enter into joint ventures or partnerships with other companies and to establish companies whose objects include any of the objects of the Corporation or whose business is capable of being carried on in such a way as to facilitate or advance any of the objects of the Corporation, and to purchase or otherwise acquire stocks, shares or securities of, and to subsidise and assist, any such company.
(v) Subject as hereinafter provided, to invest and deal with the moneys of the Corporation not immediately required in such manner as the Corporation may from time to time determine.
(w) Subject as hereinafter provided, to borrow or raise or secure the payment of money in such manner as the Corporation shall think fit, and in particular by mortgage or charge of all or any parts of the property or rights of the Corporation or by the issue of debentures or debenture stock, charged upon all or any of the Corporation's property or rights (both present and future), and to purchase, redeem or pay off any such securities:
PROVIDED THAT
(i) the Corporation shall not borrow or raise or secure the payment of money upon any property, interests or rights now held by the Corporation which Our Secretary of State for Foreign and Commonwealth Affairs has decided in consultation with the Corporation that the Corporation is to use exclusively for any purpose of the World Service or upon any property, interests or rights which the Corporation has acquired or may hereafter acquire out of moneys paid to the Corporation out of aids or supplies appropriated by Our United Kingdom Parliament for any such purpose;
(ii) the aggregate of moneys so borrowed, raised or secured and at any one time outstanding for all other purposes shall not exceed £200,000,000 or such greater sum up to a maximum of £250,000,000 as may from time to time be approved by Our Secretary of State.
(x) To sell, improve, manage, develop, exchange, lease, mortgage, enfranchise, dispose of, turn to account or otherwise deal with all or any part of the property, interests or rights of the Corporation: Provided that the Corporation shall not, without the prior approval of Our Secretary of State for Foreign and Commonwealth Affairs, in consultation with Our Secretary of State, sell, exchange, lease, mortgage, enfranchise or dispose of any property, interests or rights now held by the Corporation which Our Secretary of State for Foreign and Commonwealth Affairs has decided in consultation with the Corporation that the Corporation is to use exclusively for any purpose of the World Service or any property, interests or rights which the Corporation has acquired or may hereafter acquire out of moneys paid to the Corporation out of aids or supplies appropriated by Our United Kingdom Parliament for any such purpose, and shall not without such prior approval turn to account or deal with any such property, interests or rights otherwise than for the purposes of the World Service.
(y) To enter into, make and perform contracts of guarantee and indemnity of whatsoever kind which may be necessary or convenient for carrying out the objects of the Corporation save that the Corporation shall not guarantee or underwrite the liabilities of any body corporate or unincorporate established to provide all or any of the Commercial Services.
(z) To do all such other things as the Corporation may consider incidental or conducive to the attainment of any of the aforesaid objects or the exercise of any of the aforesaid powers of the Corporation.
4. The Corporation shall not acquire any licence, concession, right or privilege from or enter into any arrangement with the Government of any part of the Commonwealth or the Government of any other country or place overseas, without having first obtained the approval of Our Secretary of State for Foreign and Commonwealth Affairs.
5. The Corporation is hereby authorised, empowered and required to provide from time to time all such broadcasting, telecommunication and other services and facilities and to do all such acts and things as shall from time to time be required by or under any licence granted by Our Secretary of State for Trade and Industry to the Corporation or any agreement made by Our Secretary of State or our Secretary of State for Foreign and Commonwealth Affairs with the Corporation.
6. It shall be the duty of the Corporation to devise and make such arrangements as appear to the Corporation to be best adapted to the purpose of bringing the work of the Corporation under constant and effective review from without the Corporation, and to that end the Corporation shall provide suitable and sufficient means, which may include public meetings and seminars held in different parts of Our United Kingdom, the Channel Islands and the Isle of Man, for the representation to the Corporation of public opinion on the programmes broadcast or transmitted in the Home Services and for consideration within the Corporation of criticisms and suggestions so represented.
7(1) It shall be the function of the Governors to exercise the powers and discharge the duties of the Corporation in accordance with this Our Charter and in particular (but without limitation) to:-
(a) approve clear objectives and promises for the Corporation's services, programmes and other activities and monitor how far the Corporation has attained such objectives and met its pledges to its audiences;
(b) satisfy themselves that all the activities of the Corporation are carried out in accordance with any agreement or agreements which may from time to time be made by Our Secretary of State (and where applicable by Our Secretary of State for Foreign and Commonwealth Affairs) with the Corporation and in accordance with the Corporation's fair trading commitments and with the highest standards of probity, propriety and value for money in the use of the Licence Revenue and of moneys paid to the Corporation by Our Secretary of State or by Our Secretary of State for Foreign and Commonwealth Affairs out of aids or supplies appropriated by Our United Kingdom Parliament and in accordance with Article 92 of the Treaty of Rome;
(c) determine the strategy of the Corporation in respect of the Home Services in the manner which they consider is best calculated to ensure that the Corporation's services, programmes and other activities reflect the needs and interests of the public;
(d) ensure that the Corporation, with due regard to the objectives approved pursuant to paragraph 1(a) above, submits proposals to each National Council appointed by the Corporation pursuant to Article 12 for the formulation of the objectives of the Corporation for programmes and services specifically aimed at audiences in the country for which that National Broadcasting Council is established, for the allocation of funding (within the global sum budgeted by the Corporation for programmes and services in that country) between different programme genres and services and for any significant change to the Corporation's resources in each country for making such programmes and providing such services, consults each National Broadcasting Council in relation to such proposals and gives due consideration to any representations made by each National Broadcasting Council within 21 days of being so consulted by the Corporation;
(e) ensure that any comments, proposals and complaints made by viewers and listeners of the Home Services are given due consideration by and are properly handled by the Corporation;
(f) monitor and supervise the Corporation's fulfillment of its legal and contractual obligations and in particular (but without limitation) to:-
* ensure that the Corporation and its employees and all programme makers engaged by the Corporation comply with the provisions of any code which the Corporation is required to draw up for the treatment of controversial subjects with due accuracy and impartiality and comply with any other code or guidelines applicable to programme content and standards. * ensure that the standards and practice of the Corporation as applied to its programmes reflect so much of the code referred to in subsection 1 of section 152 of the Broadcasting Act 1990 as is relevant to the programmes in question. * ensure that the Corporation complies with any lawful directions given to the Corporation by the Broadcasting Complaints Commission or the Broadcasting Standards Council (as both such bodies are constituted under the Broadcasting Act 1990) and any body which wholly or partly takes over the functions of either or both of them after the date hereof;
(g) determine the strategy for and oversee the provision of the Commercial Services in such a way as to ensure that they are funded, operated and accounted for separately from the Public Services;
(h) determine the strategy of the Corporation in respect of the broadcasting or transmission of programmes in the World Service and the delivery of other services in the World Service to such audiences overseas and in such languages as may from time to time be approved by Our Secretary of State nor Foreign and Commonwealth Affairs;
(i) establish and maintain an Audit Committee in accordance with the highest standards of corporate governance;
(j) appoint the Director General of the Corporation who shall hold and vacate office in accordance with the terms of his appointment; and
(k) after consultation with the Director General, appoint the Deputy Director General and the other members of the Board of Management of the Corporation and make such other key appointments within the Corporation as they may in their discretion determine, all of which persons shall hold and vacate office in accordance with the terms of their respective appointments.
7(2) The Governors shall do all they can to secure that every transmission of telecommunication signals capable of being received outside Our United Kingdom and made by or on behalf of the Corporation or by or on behalf of any body controlled by the Corporation ("controlled" having the same meaning as in Part I of Schedule 2 to the Broadcasting Act 1990) complies with all applicable international or European Community obligations of Our United Kingdom.
8(1) The Governors of the Corporation shall be such persons as shall from time to time be appointed by Us, Our Heirs or Successors in Council. There shall be twelve Governors or such other number as may from time to time be ordered by Us, Our Heirs or Successors in Council. The Governors shall be appointed for such respective periods, not exceeding five years, as may be ordered by Us, Our Heirs or Successors in Council.
8(2) One of such Governors shall be nominated from time to time to be the Chairman of the Corporation and another of such Governors shall be nominated from time to time to be the Vice-Chairman thereof. Such nomination shall be made by Us, Our Heirs or Successors in Council and may be made at the time when the Governor nominated is appointed to the office of Governor or at any time while he holds that office.
8(3) The Governors shall at all times include, in addition to the Chairman and the Vice-Chairman of the Corporation, one person, to be designated as the National Governor for Scotland, a second person, to be designated as the National Governor for Wales, and a third person, to be designated as the National Governor for Northern Ireland. Each person to be designated as a National Governor shall have been selected for appointment as Governor by virtue of his knowledge of the culture, characteristics and affairs of Our People in the country for which he is to be designated as the National Governor and his close touch with opinion in that country. Such designation shall be made by Us, Our Heirs or Successors in Council and may be made at the time when the Governor designated is appointed to the office of Governor or at any time while he holds that office.
9(1) A retiring Governor shall be eligible for re-appointment.
9(2) The Governors however appointed shall (during such time or times as the broadcasting and programme supply services hereinbefore referred to shall be carried on by the Corporation) receive out of the funds or moneys of the Corporation by way of remuneration for their services as Chairman, Vice-Chairman, National Governor for Scotland, Wales or Northern Ireland or other Governor (as the case may be) such sum or sums as Our Secretary of State may from time to time determine.
9(3) The Corporation may pay or make provision for paying to or in respect of any Governor out of the funds or moneys of the Corporation such sum or sums by way of pension, allowances or gratuities as Our Secretary of State may from time to time determine.
9(4) Each Governor may in addition receive out of the funds or moneys of the Corporation the expenses properly incurred by him in the performance of his office.
9(5) A Governor, however appointed, shall cease to be a Governor of the Corporation (and, if he is such, the Chairman or Vice-Chairman thereof):-
(a) if he shall at any time by notice in writing to Our Secretary of State resign his Governorship;
(b) if his Governorship shall be terminated by Us, Our Heirs or Successors in Council;
(c) if he shall hold any office or place in which his interest may in the opinion of Our Secretary of State conflict with any interest of the Corporation;
(d) if he shall become bankrupt or shall make any arrangement or composition with his creditors generally;
(e) if he is, or may be, suffering from mental disorder and either:
(i) he is admitted to hospital in pursuance of an application for admission for further treatment under the Mental Health Act 1983 or, in Scotland, an application for admission under the Mental Health (Scotland) Act 1984, or
(ii) an order is made by a court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder for his detention or for the appointment of a receiver, curator bonis or other person to exercise powers with respect to his property or affairs; or
(f) if he shall absent himself from the meetings of the Corporation continuously for three months or longer without the consent of the Corporation and the Corporation shall resolve that his office be vacated.
9(6) As soon as may be reasonably practicable after a vacancy among the Governors has arisen or at a convenient time before such a vacancy will arise, the vacancy or approaching vacancy, and if it involves the Chairmanship or Vice-Chairmanship of the Corporation or the National Governorship for Scotland, Wales or Northern Ireland, the fact that it does so, shall be certified to Us, Our Heirs or Successors by Our Secretary of State under his hand, to the end that We, Our Heirs or Successors in Council may with all convenient speed proceed to the filling of the vacancy or approaching vacancy and, if involved, the nomination of a Chairman or Vice-Chairman of the Corporation or the designation of a National Governor for Scotland, Wales or Northern Ireland.
10(1) The Chairman of the Corporation, or in his absence the Vice-Chairman thereof, shall preside at the meetings thereof.
10(2) Subject to any regulations made by the Corporation under the next following paragraph hereof, the Chairman or an officer authorised by him so to do, shall summon all meetings of the Corporation.
10(3) The Corporation shall meet for the transaction of its business and affairs, and shall from time to time make such regulations with respect to the summoning, notice, time, place, management and adjournment of meetings, and generally with respect to the transaction and management of its business and affairs, as the Corporation may think fit, subject to the following conditions:-
(a) in addition to meeting in England, the Corporation shall meet in Scotland, Wales and Northern Ireland at such intervals as may to the Corporation seem appropriate, regard being had to its representative function;
(b) the quorum for a meeting shall be such number of Governors as Our Secretary of State may from time to time in writing prescribe;
(c) subject to sub-paragraph (d) of this paragraph, every question shall be decided by a majority of votes of the Governors present at the meeting and voting on that question. In the case of an equality of votes on any question the person presiding at the meeting shall have a second or casting vote;
(d) any question which cannot by reason of its urgency be decided at a meeting of the Corporation shall be decided by the Chairman, or, if he shall be inaccessible or the office of Chairman shall be vacant, by the Vice-Chairman. The Chairman or the Vice-Chairman, as the case may be, before deciding the question, shall, if and so far as may be reasonably practicable, consult with the other Governors or such of them as may be accessible to him, and as soon as may be after taking his decision shall report the question and his decision thereon to the other Governors.
10(4) For the transaction of its business or affairs, the Corporation may from time to time appoint Committees of its members, or Committees of its members and other persons, for such purposes and on such terms and conditions as the Corporation may think fit. The conclusions of any such Committee shall not be binding on the Corporation unless adopted with or without amendment by the Corporation in meeting assembled.
11. The Corporation may from time to time appoint persons or committees for the purpose of advising the Corporation with regard to matters connected with the broadcasting services, programmes, business, operations and affairs of the Corporation. Each such person or committee shall be appointed with reference to such matters and on such terms and conditions as the Corporation may decide.
12(1) The Corporation shall appoint for the purposes of this Article three National Broadcasting Councils to be known respectively as the Broadcasting Council for Scotland, the Broadcasting Council for Wales and the Broadcasting Council for Northern Ireland.
12(2) Each National Broadcasting Council shall consist of:-
(a) a Chairman, who shall be, in the case of the Broadcasting Council for Scotland, the National Governor for Scotland, in the case of the Broadcasting Council for Wales, the National Governor for Wales, and, in the case of the Broadcasting Council for Northern Ireland, the National Governor for Northern Ireland; and
(b) not less than eight nor more than twelve members, who shall be persons selected for appointment by the Governors. Such persons shall be selected after consultation with such representative cultural, religious and other bodies in Scotland, Wales or Northern Ireland, as the case may be, as the Governors think fit, with a view to securing a proper balance of representation on each National Broadcasting Council.
12(3) (a) The Chairman of each National Broadcasting Council shall cease to be such if he becomes the Chairman or the Vice-Chairman of the Corporation or when he ceases to be a Governor thereof.
(b) The members, other than the Chairman, of each National Broadcasting Council shall be appointed for such respective periods, not exceeding five years, as the Corporation may think fit. Any such member who is appointed for a period of less than five years shall be eligible for re-appointment for the remainder of the period of five years from the beginning of his appointment, or for any shorter period. Otherwise any such member shall be eligible for re-appointment provided that his re-appointment takes effect not less than one year after the expiration of his appointment. Any such member may at any time by notice in writing to the Corporation resign his membership. The membership of any such member may at any time be terminated by notice in writing given to him by the Corporation.
12(4) Each National Broadcasting Council shall be charged with the following functions which shall be exercised with full regard to representing the distinctive culture, language, interests and tastes of Our People in the country for which the Council is established:-
(a) making arrangements for ascertaining and monitoring the state of public opinion among Our People in the country for which the Council is established about the programmes and services broadcast or transmitted in that country and for ascertaining the needs and interests of members of the public in such country;
(b) advising the Corporation on the extent to which the Corporation's objectives under paragraph 1(a) of Article 7 reflect the interests and views of audiences in Scotland, Wales, or Northern Ireland, as the case may be, and on the extent to which such objectives are being attained in relation to any matters which affect the interests of audiences in those countries;
(c) assisting the Corporation, with due regard to the objectives approved by the Governors pursuant to paragraph 1(a) of Article 7, in deciding the issues specified in paragraph 1(d) of Article 7, that is to say the formulation of the objectives of the Corporation for programmes and services specifically aimed at audiences in the country for which the Council is established, the allocation of funding (within the global sum budgeted by the Corporation for programmes and services in that country) between different programme genres and services, and any significant change to the Corporation's resources in that country for making such programmes and providing such services, and in particular by considering and making representations to the Corporation in relation to such proposals;
(d) monitoring and advising the Corporation on the extent to which the objectives formulated pursuant to paragraph 1(d) of Article 7 have been attained;
(e) ensuring that any comments, proposals or complaints made by audiences in the country for which the Council is established are given due consideration by and are properly handled by the Corporation;
(f) advising the Corporation on the potential contribution which programme makers in the respective countries could make to the Corporation's programme output throughout the United Kingdom and on the extent to which a reasonable proportion of such output should and does consist of programmes mainly made by residents of the country for which the Council is established;
(g) performing such other functions in relation to the Home Services as the Corporation may from time to time devolve upon the Council;
Provided that each National Broadcasting Council shall be subject to:-
(i) such reservations and directions as may appear to the Corporation to be necessary from time to time in order to secure the transmission throughout Our United Kingdom of Great Britain and Northern Ireland of broadcasts by Us, Our Heirs or Successors, broadcasts by Ministers of Our Government, party political broadcasts and broadcasts of national importance or interest; and
(ii) such reservations and directions as may appear to the Corporation to be necessary from time to time for reasons of finance or in the interest of due co-ordination and coherent administration of the operations and affairs of the Corporation.
12(5) If and whenever in the opinion of Our Secretary of State an emergency shall have arisen in which it is expedient in the public interest that the functions of the National Broadcasting Councils or any of them under this Article shall be suspended, Our Secretary of State may by notice in writing to the National Councils or any of them and to the Corporation give directions accordingly and directions so given shall have effect according to their terms during the currency of the notices. Any such notices may be modified or revoked in writing by Our Secretary of State at such time or times as shall in his opinion be expedient.
12(6) In the performance of their functions under this Article each National Broadcasting Council shall perform and observe all duties and obligations imposed on and all directions given to the Corporation by or under this Our Charter or any licence or agreement granted or made by Our Secretary of State to or with the Corporation so far as such duties, obligations and directions are capable of being performed and observed by the Council.
12(7) (a) Each National Broadcasting Council shall have the power to regulate their own procedure and to fix their quorum: Provided that the Chairman may call a meeting of the Council whenever he thinks fit, and shall call a meeting thereof when required so to do by any three members.
(b) Each National Broadcasting Council shall have power to appoint such advisory committees as they may think fit, and any such committee may include or consist of persons who are not members of the Council.
12(8) Each National Broadcasting Council shall make an annual report to the Corporation of their proceedings during the preceding financial year or residual part thereof of the Corporation. A National Broadcasting Council may, and if requested to do so by the Corporation shall, make special reports to the Corporation during any year.
12(9) Each National Broadcasting Council may select and nominate for employment by the Corporation such officers and staff to serve wholly on the affairs of the Council (including affairs of any advisory committee) as may appear to the Council to be requisite for the proper exercise and performance of their functions and the Corporation shall employ the officers and staff so nominated and shall not without the concurrence of the Council terminate the employment of any such officer or member of staff: Provided that the Corporation may decline to employ or may terminate the employment of any such officer or member of staff if he is unwilling to accept the rates of remuneration or conditions of employment which the Corporation would offer him if he were to be employed or were employed otherwise than on the affairs of the Council, or if in the opinion of the Corporation it would be detrimental to the administration of the Corporation to employ or continue to employ him.
12(10) The Corporation shall afford to each National Broadcasting Council the use of such accommodation and the services of such staff to be engaged partly on the affairs of the Council (including affairs of any advisory committee) as are requisite for the proper performance of the functions of the Council.
12(11) The Corporation shall pay to each member of a National Broadcasting Council or a y advisory committee appointed by a Council such out-of-pocket expenses as such member may reasonably incur in the performance of his functions.
13(1) The Corporation shall appoint in each area of regional television output in England a council to be known as the Regional Advisory Council, for the purpose of advising the Corporation on the objectives for the programmes and services which the Corporation provides primarily for reception in the Region for which the Council are appointed, monitoring and advising the Corporation on the extent to which such objectives have been attained and advising on all matters relating to other broadcasting services and activities of the Corporation which affect the interests of persons in that region.
13(2) The Chairman of each Regional Council shall be nominated by the Corporation from among the members thereof.
13(3) Each Regional Council shall consist of such number of members as the Corporation may determine who shall be persons chosen for their individual qualities who are broadly representative of the general public in the area for which the Council are appointed.
13(4) The members of each Regional Council shall be appointed for such respective periods not exceeding five years as the Corporation may think fit, and on retirement they shall be eligible for re-appointment. Any such member may at any time by notice in writing to the Corporation resign his appointment.
13(5) The procedure of each Regional Council, including their quorum, shall be such as they may determine: Provided that the Chairman may call a meeting of the Council whenever he thinks fit so to do, and shall call a meeting thereof when required so to do by such number of members as the Corporation may determine.
13(6) The Corporation shall afford to each Regional Council the use of such accommodation and the services of such staff as are requisite for the proper performance of the functions of the Council.
13(7) The Corporation shall pay to each member of a Regional Council (including the Chairman thereof) such out-of-pocket expenses as such member may reasonably incur in the performance of his functions.
13(8) In furtherance of the purposes of this Article the Corporation shall ensure that the programmes which the Corporation provides primarily for reception in any area in England have full regard to the interests of Our People in that area.
13(9) This Article shall apply to the Channel Islands and the Isle of Man as it applies to England.
14(1) The Corporation shall appoint such officers and staff as it may from time to time consider necessary for the efficient performance of its functions and transaction of its business.
14(2) The Corporation shall fix such rates of remuneration and conditions of employment for the officers and staff so employed as the Corporation shall consider proper. Subject to the provisions of paragraph (9) of Article 12 of this Our Charter and to any contract made between the Corporation and any such officer or member of staff, the Corporation may remove any officer or member of staff.
15. It shall be the duty of the Corporation, except in so far as the Corporation is satisfied that adequate policies and procedures exist for achieving the purposes of this paragraph, to communicate with its employees and to seek their views on all matters affecting their interests and to seek consultation with any organisation appearing to the Corporation to be appropriate with respect to the establishment and maintenance of adequate arrangements for:-
(a) the settlement by negotiation of terms and conditions of employment of persons employed by the Corporation; and
(b) the discussion of matters affecting the safety, health and welfare, equal opportunities, and the provision of training for persons employed by the Corporation, and of other matters of mutual interest to the Corporation and such persons, including efficiency in the operation of the Corporation's services.
16(1) The Corporation is hereby authorised, empowered and required:-
(a) to collect the Licence Revenue and to receive all funds which may be paid by Our Secretary of State out of moneys provided by Our United Kingdom Parliament in furtherance of the purposes of this Our Charter and to apply and administer such funds in accordance with the terms and conditions which may be attached to the grant thereof; and
(b) to receive all other moneys which may be obtained by or given to the Corporation or derived from any source not hereinbefore mentioned and (subject always to such direction as may be given by Our Secretary of State pursuant to Article 24) to apply and administer such moneys exclusively in furtherance of the purposes of this Our Charter and in accordance with any terms and conditions upon which such moneys may have been obtained, given or derived.
16(2) Subject to any such terms and conditions as aforesaid the Corporation may treat such funds and moneys either as capital or as income at its discretion.
16(3) Except as in this Our Charter expressly provided, no funds or moneys of the Corporation derived from any source shall in any event be divided by way of profit or otherwise amongst the Governors of the Corporation.
17(1) In the event of the Corporation exercising (otherwise than for the purpose of obtaining temporary banking accommodation and facilities) the power hereinbefore contained of borrowing or raising money upon the security of or otherwise charging all or any part of its property or rights to which such power extends, it shall set aside out of its revenue such sums as will be sufficient to provide for the repayment of the amount so borrowed or raised within such period in each instance as the Corporation may with the prior approval of Our Secretary of State determine.
17(2) The Corporation shall make proper provision for replacing or renewing any property of the Corporation.
17(3) The Corporation may set aside as a reserve or carry over out of its revenue such sums as it may deem expedient, and may invest, deal with and apply such sums in such manner as it may think conducive to its objects.
18(1) The accounts of the Corporation shall be audited annually by an auditor or auditors to be appointed by the Corporation with the prior approval of Our Secretary of State, and a person shall not be qualified to be so appointed unless he is a member of a qualifying body of accountants established in Our United Kingdom and for the time being recognised under section 32(4) of the Companies Act 1989.
18(2) The Corporation shall, once in every year at least, prepare an Annual Report of its proceedings during the preceding financial year or residual part thereof of the Corporation, and attach thereto an Account or Accounts of the Income and Expenditure of the Corporation and a Balance Sheet, which Account or Accounts and Balance Sheet shall be duly certified by the auditor or auditors of the Corporation. The Corporation, if required so to do by Our Secretary of State or by Our Secretary of State for Foreign and Commonwealth Affairs after consultation with the Corporation, shall include in such Report such information relating to its finance, administration and its work generally as such Secretary of State may from time to time specify in writing, and shall comply with any directions which may be given in writing by Our Secretary of State or by Our Secretary of State for Foreign and Commonwealth Affairs after consultation with the Corporation, as regards the information to be given in such Account or Accounts and Balance Sheet or in appendices thereto.
18(3) The Chairman shall, on the completion of every such Annual Report, Account or Accounts and Balance Sheet, forthwith submit the same, together with the Reports for the same year or residual part thereof made under paragraph (8) of Article 12 of this Our Charter by the National Broadcasting Councils, to Our Secretary of State to be considered by him and presented to Our United Kingdom Parliament.
18(4) The Corporation shall at all reasonable times upon demand give to Our Secretary of State or Our Secretary of State for Foreign and Commonwealth Affairs and all other persons nominated by either of them full liberty to examine the accounts of the Corporation and furnish him and them with all forecasts, estimates, information and documents which he or they may require with regard to the financial transactions and engagements of the Corporation.
19(1) The Corporation may at any time and from time to time apply for and accept a Supplemental Charter, or promote a Bill in Parliament, if it appears to the Corporation that a Supplemental Charter or an Act of Parliament is required for, or will be conducive to, the carrying into effect of any of the purposes or powers of this Our Charter.
19(2) No act or proceeding of the Corporation, or of any Council or Committee appointed under the provisions of this Our Charter, or of any sub-committees appointed by any such Council or Committee, shall be questioned on account of any vacancy or vacancies in the Corporation, or in such Council or Committee, or in such sub-committee.
19(3) No defect in the appointment of any person acting as Chairman, Vice Chairman or Governor of the Corporation or as a member of any Council or Committee appointed by the Corporation, or as a member of any sub-committee appointed by such Council or Committee shall be deemed to vitiate any proceedings of the Corporation or of such Council or Committee, or of such sub-committee in which he has taken part, in cases where the majority of members who are parties to such proceedings are duly entitled to act.
19(4) Any instrument which, if made by a private person, would be required to be executed as a Deed shall be under the seal of the Corporation and signed by one or more Governors authorised for that purpose by a resolution of the Corporation and countersigned by the proper officer. Any notice, appointment, contract, order or other document made by or proceeding from the Corporation which is not required to be executed as a Deed shall be signed by such Governor or such officer, or by an officer of such class as the Corporation may, in relation to any specified document or any document of any specified class, from time to time direct.
19(5) The proper officer of the Corporation shall be any officer duly authorised as such by the Corporation.
20(1) The grant of this Our Charter is made upon the express condition that the Corporation shall strictly and faithfully observe and perform and cause to be observed and performed the provisions prescribed therein or thereunder, and also the provisions prescribed in or under any licences which Our Secretary of State for Trade and Industry may from time to time grant to the Corporation or contained in or prescribed under any agreement which Our Secretary of State or Our Secretary of State for Foreign and Commonwealth Affairs may from time to time make with the Corporation.
20(2) If it is made to appear or appears to Our Secretary of State, either on the representation of any person or body politic or corporate appearing to be interested or in any other manner howsoever, that there is reasonable cause to suppose that any of the provisions prescribed in or under this Our Charter or in or under any such agreement (including any stipulations, directions or instructions of Our Secretary of State or Our Secretary of State for Foreign and Commonwealth Affairs) have not been observed, performed, given effect to or complied with by the Corporation, Our Secretary of State may require the Corporation to satisfy him that such provisions have been observed, performed, given effect to or complied with, and if within a time specified by him the Corporation shall fail to do so Our Secretary of State may, if he thinks fit, certify the same under his hand to Us, Our Heirs or Successors, and upon such certificate being given it shall be lawful for Us, Our Heirs or Successors, if We or They shall be so minded, by Letters made Patent under the Great Seal, absolutely to revoke and make void this Our Charter, and everything therein contained: Provided that the power of revocation hereby reserved shall not have or be construed to have the effect of preventing or barring any proceedings which may be lawfully taken to annul or repeal this Our Charter.
21. And We do further will and declare that on the determination of the said term expiring on the thirty-first day of December Two thousand and - six the undertaking of the Corporation shall cease, so far as the same may depend upon or be carried on under or by virtue of the powers and provisions herein given and contained, unless We, Our Heirs or Successors, shall by writing under Our or Their Sign Manual declare to the contrary, and shall authorise the continuance of the said undertaking under the provisions of this Our Charter or a further Royal Charter for such further term, and under such provisions and conditions as We, Our Heirs or Successors, shall think fit, any term for which this Our Charter is so renewed shall be construed to be part of the term of this Our Charter.
22. It shall be lawful for the Corporation to surrender this Our Charter subject to the sanction of Us, Our Heirs or Successors in Council, and upon such terms as We or They may consider fit, and to wind up or otherwise deal with the affairs of the Corporation in such manner as may be approved by Our Secretary of State.
23. Upon the voluntary or compulsory dissolution of the Corporation the property and assets of the Corporation shall be applied in satisfaction of the debts and liabilities of the Corporation and subject thereto shall be disposed of in accordance with the directions of Our Secretary of State.
24(1) Where in this Our Charter any act or thing is required to be done with the approval of Our Secretary of State or Our Secretary of State for Foreign and Commonwealth Affairs, such approval shall be in writing and may be given absolutely or subject to such terms or conditions as may to such Secretary of State seem fit and may, after consultation with the Corporation, be revoked or varied by any subsequent notice in writing given by him.
24(2) The purposes and powers of the Corporation pursuant to this Our Charter to hold or own stations shall be subject to any directions which may be given to the Corporation by Our Secretary of State pursuant to any agreement or agreements which he may make from time to time with the Corporation.
25. In this Our Charter, (unless the context otherwise requires):
"broadcast" means broadcast by wireless telegraphy;
"for general reception" means capable of being received at any place or places, or in any area, in the United Kingdom, the Channel Islands and the Isle of Man and elsewhere free of charge and without payment other than such payment as may be required under the Wireless Telegraphy Act 1949 for a television licence or such other form of funding or payment for the Home Services as may from time to time be approved by Our Secretary of State;
"Licence Revenue" means such sums as are collected by the Corporation in respect of the issue and renewal of television licences under section 1 of the Wireless Telegraphy Act 1949;
"reception" means receiving by any means and over any medium (whether corporeal or not and whether now known or hereafter invented or developed) and cognate expressions shall be construed accordingly;
"Our Secretary of State" (unless further qualified) shall mean Our Secretary of State for National Heritage;
"station" (unless further qualified) means any business or other operation (whether or not in the nature of a commercial venture and including any apparatus, equipment or installation used therefor) which is engaged in the transmission or reception of telecommunication signals;
"telecommunication signals" has the same meaning as in the Broadcasting Act 1990;
"telecommunication system" has the same meaning as in the Telecommunications Act 1984;
"transmission" means sending by any means and over any medium (whether corporeal or not and whether now known or hereafter invented or developed) and cognate expressions shall be construed accordingly.
"wireless telegraphy" has the same meaning as in the Wireless Telegraphy Act 1949; and
reference to any statute shall include reference to such statute as amended re-enacted or substituted from time to time and words importing the masculine gender shall include the feminine and the neuter and vice versa.
26. Lastly, We do further will, ordain and declare that these Our Letters or the enrolment or exemplification thereof shall be in and by all things good, firm, valid, sufficient and effectual in law according to the true intent and meaning thereof, and shall be taken, construed and judged in the most favourable and beneficial sense for the best advantage of the Corporation and its successors, as well in all Our Courts of Record as elsewhere by all and singular Judges, Justices, Officers, Ministers and other Our Subjects whatsoever, any non-recital, mis-recital or any other omission, imperfection, defect, matter, cause or thing whatsoever to the contrary thereof in anywise notwithstanding.
IN WITNESS whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the [ ] day of [ ] in the [forty-fifth] year of Our Reign.
BY WARRANT UNDER THE QUEEN'S SIGN MANUAL
DEPARTMENT OF NATIONAL HERITAGE - BROADCASTING
Copy of the Agreement Dated the ________ Between Her Majesty's Secretary of State for National Heritage and the British Broadcasting Corporation
My Lords have before them a new Agreement dated [ 1995], concluded by Her Majesty's Secretary of State for National Heritage with the British Broadcasting Corporation.
The last Licence and Agreement granted by the then Secretary of State for the Home Department to the Corporation on 2 April 1981 was for a term ending on 31 December 1996, and is to be terminated early by mutual agreement.
The broadcasting functions of the Secretary of State for the Home Department were transferred to the Secretary of State for National Heritage pursuant to the Transfer of Functions (National Heritage) Order 1992.
The term of the new Agreement is from the date of the grant of the new Royal Charter to 31 December 2006, subject to revocation in the event of non-observance or non-performance by the Corporation of any of its provisions or those of the Royal Charter of the Corporation.
Pursuant to the last Licence and Agreement, Her Majesty's Secretary of State for Trade and Industry had granted to the Corporation various licences under the Telecommunications Act 1984, which licences are to continue in force under the new Agreement in accordance with their respective terms.
In connection with the concluding of the new Agreement between Her Majesty's Secretary of State for National Heritage ("the Secretary of State") and the Corporation, Her Majesty's Secretary of State for Trade and Industry is to grant to the Corporation certain licences under the Wireless Telegraphy Act 1949. The new Agreement will not come into force until such wireless telegraphy licences have been granted to the Corporation.
All such wireless telegraphy and telecommunication licences authorise the Corporation to use the stations and apparatus for wireless telegraphy and telecommunication systems established and installed by the Corporation, and to establish and install other stations, apparatus and systems, all of which stations, apparatus and systems are specified in the licences or listed in the schedules and annexes thereto. Certain provisions are incorporated concerning the working of the stations and systems.
Under the new Agreement the Corporation undertakes, unless prevented by circumstances beyond its control, to transmit programmes in the Home Services for general reception throughout the United Kingdom. The Corporation also undertakes to transmit programmes in the World Service for reception in such countries and places beyond the seas as may be agreed with the approval of the Secretary of State for Foreign and Commonwealth Affairs between the Corporation and the Government Departments concerned.
For the purposes of the Home Services the Secretary of State is (subject to the terms of the new Agreement) to pay to the Corporation (out of moneys provided by Parliament) a sum or sums equal to the whole of the net Licence Revenue (as such terms is defined in subclause 10.4) or such percentage or percentages thereof as My Lords may from time to time determine.
The Secretary of State may from time to time direct that sums provided for the purposes of the Home Services may also be used for other purposes though not for the purposes of the World Service. Sums provided for the purposes of the Home Services may not, without the approval of the Secretary of State, be used (directly or indirectly) for the purposes of a broadcasting or programme-supply service funded in part by advertisements, subscription, sponsorship, pay-per-view system or any other alternative means of finance.
The Corporation undertakes to pay to the Secretary of State for each financial year such sum or sums as he shall determine as the appropriate contribution of the Corporation towards the expenses of the Broadcasting Complaints Commission set up under the Broadcasting Act 1980 and continued under the Broadcasting Act 1990. The Corporation also undertakes to pay to the Secretary of State in each financial year such sums as are equivalent to the expenditure incurred (if any) by the Department of National Heritage in arranging for the investigation of such complaints of interference by electromagnetic energy affecting domestic television and radio reception which the Corporation is unable or unwilling to investigate itself.
For the purposes of the World Service and other services performed at the request of any Department of Her Majesty's Government the Secretary of State for the appropriate Department is to pay to the Corporation (out of moneys provided by Parliament) in each year of the term of the new Agreement such sums as My Lords shall authorise. The Corporation is to deliver to the appropriate Secretary of State such account of its expenditure on the World Service and other services performed at such request as he may prescribe.
All existing arrangements between the Corporation and the relevant Government Departments relating to certain defence works and national emergencies (as such arrangements may be varied from time to time) are to continue in force during the continuance of the new Agreement.
My Lords consider the terms of the new Agreement and the financial provisions made therein to be satisfactory and on those grounds have authorised the Secretary of State for National Heritage to conclude it.
Two of the Commissioners of Her Majesty's Treasury
THIS DEED is made the [ ] day of [ ] one thousand nine hundred and ninety-five
BETWEEN (1) HER MAJESTY'S SECRETARY OF STATE FOR NATIONAL HERITAGE AND (2) THE BRITISH BROADCASTING CORPORATION whose Chief Office is at Broadcasting House Portland Place in the City of Westminster (hereinafter called "the Corporation")
(A) WHEREAS on the 20th December 1926 by Letters made Patent under the Great Seal, a Charter of Incorporation was granted to the Corporation for the purpose of carrying on a broadcasting service within the British Islands
(B) WHEREAS on divers dates by Letters made Patent under the Great Seal, further Charters of Incorporation and Supplemental Charters have been granted from time to time and the Secretary of State is applying to Her Majesty for the grant of a further Charter for the continuance of the Corporation for a further period beginning on the date on which it was granted and ending on the 31st December 2006 subject to such provisions and conditions as may to Her Majesty seem fit ("the Royal Charter")
(C) WHEREAS by a Deed dated the 2nd April 1981 made between Her Majesty's then Secretary of State for the Home Department on the one part and the Corporation on the other part Her Majesty's then Secretary of State for the Home Department granted to the Corporation (subject to the terms, conditions and limitations therein contained) a licence and agreement to continue to use for the purposes therein stated its then existing stations and apparatus for wireless telegraphy and to establish, instal and use for the said purposes additional stations and apparatus and granting to the Corporation other facilities
(D) The broadcasting functions of the Secretary of State for the Home Department were transferred to the Secretary of State for National Heritage pursuant to the Transfer of Functions (National Heritage) Order 1992
(E) WHEREAS it is deemed expedient that the said Licence and Agreement dated the 2nd April 1981 should be determined as hereinafter provided and that the Secretary of State should conclude with the Corporation the agreement hereinafter contained in conjunction with the grant or continuance (as the case may be) of such licences under the Wireless Telegraphy Act 1949 and the Telecommunications Act 1984 as the Corporation requires for the fulfillment of its obligations under the Royal Charter and this Deed
NOW in consideration of the matters herein set out THIS DEED WITNESSETH and the Secretary of State and the Corporation hereby covenant and agree with one another and declare as follows:- [continue to next page]
1.1 In this Deed, except where the subject or context otherwise requires, the following expressions shall have the following meanings:-
"apparatus" means apparatus for wireless telegraphy;
"apparatus for wireless telegraphy" has the same meaning as in the Wireless Telegraphy Act 1949;
"British Islands" means England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man;
"broadcast" means broadcast by wireless telegraphy;
"Broadcasting Complaints Commission" means the Broadcasting Complaints Commission constituted in accordance with Part V of the Broadcasting Act 1990 and any body which wholly or partly takes over the functions of the Broadcasting Complaints Commission after the date hereof;
"Broadcasting Standards Council" means the Broadcasting Standards Council constituted in accordance with Part VI of the Broadcasting Act 1990 and any body which wholly or partly takes over the functions of the Broadcasting Standards Council after the date hereof;
"for general reception" means capable of being received at any place or places, or in any area, in the British Islands and elsewhere free of charge and without payment other than such payment as may be required under the Wireless Telegraphy Act 1949 for a television licence or such other form of funding or payment for the Home Services as may from time to time be approved by the Secretary of State;
"Licence Revenue" means such sums as are collected by the Corporation in respect of the issue and renewal of television licences under section 1 of the Wireless Telegraphy Act 1949;
"local authority" has the same meaning as in the Broadcasting Act 1990;
"programme" includes news, sports events, games and Teletext;
"reception" means the receiving of telecommunication signals by any means and over any medium (whether corporeal or not and whether now known or hereafter invented or developed) and cognate expressions shall be construed accordingly;
"Secretary of State" (unless further qualified) means the Secretary of State for National Heritage;
"sponsored programme" means any programme whose costs of production or transmission are met in whole or in part by an organisation or person other than the Corporation, the Open University or Open College or the performers for the purposes of being transmitted for general reception with a view to promoting its name, its trade mark, its image, its activities or its products or other direct or indirect commercial interests and "sponsorship" shall be construed accordingly;
"station" (unless further qualified) means any business or other operation (whether or not in the nature of a commercial venture and including any apparatus, equipment or installation used therefor) which is engaged in the transmission or reception of telecommunication signals;
"subscription service" means a broadcasting or programme supply service by virtue of which the Corporation or any company in which the Corporation holds shares (whether such shares are held directly or through the intermediary of one or more other bodies corporate) receives money or other valuable consideration in respect of the provision of broadcasting or programme supply services from those persons to whom such services are provided and "subscription" shall be construed accordingly;
"telecommunication signals" means anything falling within paragraphs (a) to (d) of section 4(1) of the Telecommunications Act 1984;
"telecommunication system" means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of
(a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus;
"transmission" means the sending of telecommunication signals by any means and over any medium (whether corporeal or not and whether now known or hereafter invented or developed) and cognate expressions shall be construed accordingly;
"wireless telegraphy" has the same meaning as in the Wireless Telegraphy Act 1949.
1.2 In this Deed:-
references to stations or a station or to apparatus or systems are references to stations or a station or to apparatus or systems either of the Corporation or which the Corporation is lawfully entitled to use;
in relation to the Isle of Man or the Channel Islands references to any Act are references to that Act as extended to the Isle of Man or the Channel Islands;
references to any Act shall be deemed to be references to any such Act as amended, substituted or re-enacted from time to time;
words and expressions defined in the Royal Charter shall bear the same meaning in this Deed unless the context otherwise requires;
headings are for convenience only and shall not be used for the interpretation or construction of this Deed;
the masculine gender includes the feminine and the neuter and vice versa;
in the event of any conflict or inconsistency between the provisions of the Royal Charter and those of this Deed, the provisions of the Royal Charter shall prevail.
2.1 The Corporation shall be independent in all matters concerning the content of its programmes and the times at which they are broadcast or transmitted and in the management of its affairs.
2.2 Without prejudice to the generality of subclause 2.1, the Corporation undertakes to provide the Home Services primarily by means of:-
(a) two television programme services available for general reception throughout the United Kingdom, which may include regional variations;
(b) five sound programme services and supplementary services available for general reception throughout the United Kingdom;
(c) an additional sound programme service for general reception in each of Scotland and Northern Ireland respectively and two additional sound programme services for general reception in Wales;
(d) a number of local sound programme services for general reception in certain parts of the United Kingdom, subject to such minimum and maximum numbers as may from time to time be agreed with the Secretary of State.
2.3 The Corporation may, subject to the prior agreement of the Secretary of State, vary the number or geographical coverage of its national television and sound programme services.
2.4 The Corporation may, subject to the prior agreement of the Secretary of State, provide multiplex facilities for digital television and sound broadcasting frequencies.
2.5 Unless prevented by circumstances beyond its control, the Corporation shall transmit efficiently programmes in the Home Services and the World Service from such stations as, after consultation with the Corporation, the Secretary of State and the Secretary of State for Foreign and Commonwealth Affairs may from time to time in relation to those Services respectively in writing prescribe.
2.6 The Corporation shall make reasonable arrangements to investigate at its own expense complaints of interference by electromagnetic energy affecting domestic television and radio reception within the British Islands, but in the event of the Corporation being unable or unwilling to make such arrangements the Secretary of State shall deduct the expenses incurred by or on behalf of the Secretary of State in investigating such complaints in place of the Corporation from such sums as may be payable to the Corporation pursuant to subclause 10.1.
3.1 Without prejudice to the generality of clause 5, the Corporation undertakes to provide and keep under review the Home Services with a view to the maintenance of high general standards in all respects (and in particular in respect of their content, quality and editorial integrity) and to their offering a wide range of subject matter (having regard both to the programmes as a whole and also to the days of the week on which, and the times of the day at which, the programmes are shown) meeting the needs and interests of audiences, in accordance with the requirements specified in subclause 3.2.
3.2 The requirements referred to in subclause 3.1 are that the Home Services -
(a) are provided as a public service for disseminating information, education and entertainment;
(b) stimulate, support and reflect, in drama, comedy, music and the visual and performing arts, the diversity of cultural activity in the United Kingdom;
(c) contain comprehensive, authoritative and impartial coverage of news and current affairs in the United Kingdom and throughout the world to support fair and informed debate at local, regional and national levels;
(d) provide wide-ranging coverage of sporting and other leisure interests;
(e) contain programmes of an educational nature (including specialist factual, religious and social issues programmes as well as formal education and vocational training programmes);
(f) include a high standard of original programmes for children and young people;
(g) contain programmes which reflect the lives and concerns of both local and national audiences;
(h) contain a reasonable proportion and range of programmes for national audiences made in Northern Ireland, Scotland, Wales and in the English regions outside London and the South East.
3.3 The Corporation shall transmit an impartial account day by day prepared by professional reporters of the proceedings in both Houses of Parliament. [continue to next page]
The Corporation shall:-
4.1 publish objectives concerning the Home Services for inclusion in the Annual Report to be laid before Parliament pursuant to Article 18 of the Royal Charter;
4.2 publish and make available to all holders of television licences (within the meaning of section 1 of the Wireless Telegraphy Act 1949) an annual Statement of Promises to Audiences describing its services, standards and objectives;
4.3 undertake an appropriate process of public consultation prior to making any material change to the nature of the Home Services provided always that such consultation shall not require the BBC to disclose commercially sensitive matters relating to programme services;
4.4 report in reasonable detail on the performance of the Corporation in the Annual Report presented pursuant to Article 18 of the Royal Charter and elsewhere as appropriate and, in particular, publish an account of:-
(a) how far the Corporation is meeting its published standards and objectives concerning the main programme services and genres provided as part of the Home Services;
(b) the editorial standards appropriate to the Home Services, the measures taken to secure compliance with such standards and the extent to which the Corporation has complied with such standards;
(c) the research and consultation undertaken during the year to which the Annual Report relates to ascertain the needs and interests of the audiences of the Home Services, together with a summary of the findings;
(d) the subject matter and handling of complaints from such audiences indicating the proportion which were upheld;
(e) an analysis of hours of each type of programme made and broadcast or transmitted and the amount of money spent by the Corporation on each type of programme, together with an analysis of hours of each type of programme made and the amount of money spent by the Corporation in different parts of the United Kingdom, for both local and national audiences;
(f) the Corporation's compliance with statutory and regulatory requirements including (without limitation):-
* the number of independent productions (as such term is defined in section 16(2)(h) of the Broadcasting Act 1990 and any orders made by the Secretary of State thereunder from time to time) broadcast or transmitted by the Corporation * employment and equal opportunities requirements * health, safety and environmental requirements * fair trading requirements including (but without limitation) the arrangements in place for the avoidance of cross-subsidies between the Public Services and the Commercial Services * the proportion of the matter included in programmes broadcast or transmitted by or on behalf of the Corporation which is of European origin * the arrangements in place for securing compliance with any approvals granted by the Secretary of State from time to time pursuant to Article 3(c) or Article 3(u) of the Royal Charter (or pursuant to the previous royal charter of the Corporation) and the extent to which the Corporation has complied with the terms of such approvals * the number of complaints made to and upheld by the Broadcasting Complaints Commission and the Broadcasting Standards Council in respect of programmes broadcast or transmitted by or on behalf of the Corporation;
(g) the extent to which the Corporation's programmes and services represent value for money and the measures taken within the Corporation to ensure the cost-effectiveness of its functions;
(h) the Corporation's financial and budgetary arrangements and the extent to which the Corporation has achieved its financial objectives. [continue to next page]
5.1 The Corporation shall do all it can to secure that all programmes broadcast or transmitted by or on behalf of or under licence from the Corporation as part of the Home Services:-
(a) provide a properly balanced service consisting of a wide range of subject matter;
(b) serve the tastes and needs of different audiences and, in particular, in order to show concern for the young, are placed at appropriate times;
(c) treat controversial subjects with due accuracy and impartiality, both in the Corporation's news services and in the more general field of programmes dealing with matters of public policy or of political or industrial controversy, and do not contain any material expressing the opinion of the Corporation on current affairs or matters of public policy other than broadcasting and matter contained in programmes which consist of proceedings in either House of Parliament or proceedings of a local authority or a committee of two or more local authorities;
(d) do not include anything which offends against good taste or decency or is likely to encourage or incite to crime or lead to disorder or to be offensive to public feeling;
(e) do not involve improper exploitation of any susceptibilities of those watching or listening to its religious programmes or any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination;
(f) do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching or listening to the programmes without their being aware, or fully aware, of what has occurred.
5.2 In applying paragraph 5.1(c) a series of programmes may be considered as a whole.
5.3 The Corporation shall:-
(a) draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of paragraph 5.1(c) in relation to its services and programmes; and
(b) do all that it can to secure that the provisions of the code are observed in the provision of services and programmes and the Corporation may make different provision in the code for different cases or circumstances.
5.4 The rules specified in the code referred to in subclause 5.3 shall, in particular, take account of the following matters:-
(a) that due impartiality should be preserved on the part of the Corporation as respects major matters falling within paragraph 5.1(c) as well as matters falling within that provision taken as a whole; and
(b) the need to determine what constitutes a series of programmes for the purposes of subclause 5.2.
5.5 The rules so specified shall, in addition, indicate to such extent as the Corporation considers appropriate:-
(a) what due impartiality does and does not require, either generally or in relation to particular circumstances;
(b) the ways in which due impartiality may be achieved in connection with programmes of particular descriptions;
(c) the period within which a programme should be included in a service if its inclusion is intended to secure that due impartiality is achieved for the purposes of paragraph 5.1(c) in connection with that programme and any programme previously included in that service taken together; and
(d) in relation to any inclusion in a service of a series of programmes which is of a description specified in the rules:-
(i) that the dates and times of the other programmes comprised in the series should be announced at the time when the first programme so comprised is included in that service, or
(ii) if that is not practicable, that advance notice should be given by other means of subsequent programmes so comprised which include material intended to secure, or assist in securing, that due impartiality is achieved in connection with the series as a whole; and those rules shall, in particular, indicate that due impartiality does not require absolute neutrality on every issue or detachment from fundamental democratic principles.
6.1 The Secretary of State may from time to time by notice in writing give directions to the Corporation as to the maximum time, the minimum time, or both the maximum and the minimum time, which is to be given in any day, week or other period to broadcasts or transmissions in the Home Services and as to the hours of the day in which such transmissions are or are not to be given.
6.2 A direction under subclause 6.1 may be framed in any way, and in particular -
(a) may be confined to broadcasts from those stations which transmit, or usually transmit, the same programme, or may be different for different stations, or for different programmes transmitted from the same stations;
(b) may make special provision for annual holidays and other special occasions;
(c) may be confined to a specified day of the week, or may be different for different days of the week; and
(d) in imposing a maximum number of hours for any purpose, may allow for programmes or items of specified kinds being left out of account in determining the maximum, whether in all circumstances or depending on the fulfilment of specified conditions as regards programmes or items so specified.
6.3 The Secretary of State may, whether or not a direction under subclause 6.1 provides for exemptions, exempt the Corporation from any requirement of such a direction on any occasion or in any circumstances.
7.1 If and whenever, with a view to extending the coverage or to improving the strength or quality either generally or in any area or areas of transmissions in the Home Services or any of them, the Secretary of State after consultation with the Corporation shall so require by notice in writing, the Corporation shall establish and use such additional station or stations in such place or places in the British Islands as may be specified in the notice.
7.2 The Secretary of State may at any time by notice in writing -
(a) require the Corporation to send such of its broadcasts or transmissions as may be specified in the notice from a mast, tower or other installation belonging to National Transcommunications Limited or any other provider of transmission facilities (in this clause referred to as "transmission companies"); or
(b) require the Corporation to permit one or more of the transmission companies' broadcasts or transmissions as may be so specified to be sent from a mast, tower or other installation belonging to the Corporation; or
(c) require the Corporation to co-operate with one or more of the transmission companies in providing and using an installation and to send such of the Corporation's broadcasts or transmissions as may be so specified from that installation and it shall be the duty of the Corporation to comply with any such notice. This subclause is without prejudice to any powers exercisable by the Secretary of State for Trade and Industry by virtue of the Telecommunications Act 1984.
7.3 Before giving a notice under subclause 7.2 to the Corporation the Secretary of State shall consult the Corporation and the relevant transmission companies.
7.4 If, after a notice is given under this clause to the Corporation, a dispute between the Corporation and any of the transmission companies arising out of the matters to which the notice relates is referred to the Secretary of State by either body, or it appears to the Secretary of State that there is such a dispute, he may give such directions to the Corporation as he may think expedient for determining the dispute, and it shall be the duty of the Corporation to comply with any such directions.
7.5 Subject always to Article 3(x) of the Royal Charter, the Secretary of State may from time to time, after consultation with the Corporation, give a direction to the Corporation requiring the Corporation to sell or otherwise dispose of all or some of the stations then owned by the Corporation pursuant to a contract of sale and purchase (or other form of disposal agreement or transfer scheme) which shall be drawn up by the Corporation on such terms and conditions as may be agreed with the Secretary of State and which may require the purchaser (or if more than one the purchasers) to remit such part of the proceeds of sale as corresponds to stations the purchase of which was funded by grant-in-aid to the Secretary of State and it shall be the duty of the Corporation to comply with such direction.
7.6 In the event of a direction being given to the Corporation pursuant to subclause 7.5, all the broadcasting and transmission obligations of and prohibitions on the Corporation specified in this Deed and in the Royal Charter shall so far as practicable continue to attach to the Corporation (mutatis mutandis) notwithstanding the sale of all or some of its stations pursuant to any such direction.
8.1 The Corporation shall, whenever so requested by any Minister of Her Majesty's Government in the United Kingdom and at the Corporation's own expense, broadcast or transmit from all or any of the stations any announcement (with a visual image of any picture or object mentioned in the announcement if it is a television transmission) which such Minister may request the Corporation to broadcast or transmit; and shall also, whenever so requested by any such Minister in whose opinion an emergency has arisen or continues, at the like expense broadcast or transmit as aforesaid any other matter which such Minister may request the Corporation to broadcast or transmit, provided that the Corporation when sending such an announcement or other matter may at its discretion announce or refrain from announcing that it is sent at the request of a named Minister.
8.2 The Secretary of State may from time to time by notice in writing require the Corporation to refrain at any specified time or at all times from broadcasting or transmitting any matter or matter of any class specified in such notice; and the Secretary of State may at any time or times vary or revoke any such notice. The Corporation may at its discretion announce or refrain from announcing that such a notice has been given or has been varied or revoked.
8.3 If and whenever in the opinion of the Secretary of State an emergency shall have arisen in which it is expedient in the public interest that Her Majesty's Government in the United Kingdom shall have control over the broadcasting or transmission of any matter whatsoever by means of the stations or any of them, it shall be lawful for the Secretary of State to direct and cause the stations or any of them or any part thereof to be taken possession of in the name and on behalf of Her Majesty and to prevent the Corporation from using them, and also to cause the stations or any of them or any part thereof to be used for Her Majesty's service, or to take such other steps as he may think fit to secure control over the stations or any of them, and in that event any person authorised by the Secretary of State may enter upon the stations or any of them and the offices and works of the Corporation or any of them and take possession thereof and use the same as aforesaid.
8.4 If and whenever the Secretary of State shall exercise the powers conferred on him by subclause 8.3 the Corporation shall be entitled to receive from the Secretary of State -
(a) compensation for any damage done to any property of the Corporation, being damage directly attributable to the exercise of any such powers; and
(b) such sums as are required to defray any expenses which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the Corporation and for meeting which revenue is by reason of the exercise of such powers not otherwise available to the Corporation.
8.5 All existing arrangements between the Corporation and the relevant Government Departments relating to certain defence works and national emergencies (as such arrangements may be varied from time to time) shall continue in force during the continuance of this Deed.
8.6 No person acting on the Corporation's behalf or by its permission shall or shall be permitted or suffered by the Corporation to divulge to any person (other than a properly authorised official of Her Majesty's Government in the United Kingdom or a competent legal tribunal), or make any use whatever of, any matter coming to his knowledge as a result of unintended reception by means of the stations or any of them or any of the Corporation's apparatus for wireless telegraphy or telecommunication systems.
9.1 The Corporation shall broadcast or transmit programmes and deliver other services in the World Service to such audiences overseas and in such languages as are approved by the Secretary of State for Foreign and Commonwealth Affairs, in accordance with the objectives, priorities and targets which may from time to time be agreed with the Foreign and Commonwealth Office, or with such Departments of Her Majesty's Government in the United Kingdom as may from time to time be specified in writing by the Secretary of State.
9.2 The Corporation shall perform such other services by way of monitoring transmissions of sound and television programmes and other telecommunication signals, electronic and print media, news agencies and other material and by way of recording matter intended to be broadcast or transmitted as may from time to time be agreed as aforesaid with the Foreign and Commonwealth Office or with the Departments so specified.
9.3 The Corporation shall consult and co-operate with the Foreign and Commonwealth Office or the Departments so specified and shall obtain and accept from them such information regarding international developments and conditions in countries overseas, and the policies of Her Majesty's Government in its international relations, as will enable the Corporation to plan and prepare its programmes in the World Service in the national interest.
9.4 The Corporation shall ensure that the World Service shares the general commitment of the Corporation to maintaining high standards of editorial integrity and programme content and quality. The Corporation shall agree with the Foreign and Commonwealth Office and publish general long-term objectives relating to the World Service's operations, including the provision of an accurate, unbiased and independent news service covering international and national developments, the presentation of a balanced British view of those developments, and an accurate and effective representation of British life, institutions and achievements.
9.5 The Corporation shall report in reasonable detail on the performance of the World Service in the Annual Report presented pursuant to Article 18 of the Royal Charter and elsewhere as appropriate and in particular shall publish an account in such manner as may from time to time be agreed with the Secretary of State for Foreign and Commonwealth Affairs of how far the World Service is achieving its agreed objectives, priorities and targets.
10.1 Subject always to subclause 10.2, for the purposes of the Home Services the Secretary of State shall pay to the Corporation (out of moneys provided by Parliament) a sum or sums equal to the whole of the net Licence Revenue (as defined in subclause 10.4 or to such percent or percentages thereof as the Treasury may from time to time determine PROVIDED THAT:-
(a) the Secretary of State may from time to time direct that such sums may also be used for such purposes (not being purposes of the Home Services or the World Service) as he may specify; and
(b) such sums shall not, without the prior written approval of the Secretary of State, be used for the purposes of any television or sound programme services wholly or partly funded by advertisements, subscription, sponsorship, pay-per-view system or any other alternative means of finance.
10.2 The Secretary of State may (but shall not be obliged to), in the light of technological and other developments, conduct a review at any time during the currency of this Deed of the ways and means of financing the Home Services other than through the Licence Revenue during the period beginning on 1 April 2002 and ending on the date of expiry of the Royal Charter and may (subject always to clause 18) direct that the Home Services shall be funded by such method as he thinks fit.
10.3 The sums payable by the Secretary of State or the Secretary of State for Foreign and Commonwealth Affairs to the Corporation under the provisions of this clause shall be paid by him in instalments of such amount and at such intervals (not being longer than one month) as such Secretary of State shall think fit and any adjustment between the parties shall be made as soon as conveniently possible.
10.4 The expression net Licence Revenue means the Licence Revenue received by the Secretary of State from the Corporation, less the amount of any refunds thereof made by the Secretary of State, less the expenses incurred by or on behalf of the Secretary of State in the administration of the licensing system and in investigating complaints of interference by electromagnetic energy affecting domestic television and radio reception within the British Islands.
10.5 Any account certified by any Under-Secretary or Assistant Secretary of the Department of National Heritage of any sum due to the Corporation under this clause shall for all purposes be final and conclusive in the absence of manifest error.
10.6 The Corporation shall pay to the Secretary of State for the financial year ending with the 31st March 1997 and each subsequent financial year such sum or sums as the Secretary of State may determine as the appropriate contribution of the Corporation towards the expenses of the Broadcasting Complaints Commission.
10.7 For the purposes of the World Service and other services performed pursuant to clause 9 and of any services performed by the Corporation at the request of any Department of Her Majesty's Government in the United Kingdom (other than services performed under subclause 8.1) the Secretary of Staee for the Government Department concerned shall pay to the Corporation (out of moneys provided by Parliament) in each year during the continuance of these presents such sums as the Treasury shall authorise.
10.8 The Corporation shall deliver to the appropriate Secretary of State such accounts of its expenditure on the World Service and on other services referred to in subclause 10.7 covering such periods and at such times as may from time to time be prescribed in writing by the appropriate Secretary of State.
10.9 Sums paid to the Corporation under the provisions of this clause 10 shall be applied and administered by the Corporation in accordance with any terms and conditions which may be attached to the grant thereof by Parliament or by the Treasury.
10.10 The Corporation shall not without the prior approval of the Secretary of State receive money or any valuable consideration from any person in respect of the broadcasting or transmission or the refraining from broadcasting or transmitting, of any sound or television programme service whatsoever by means of the stations or any of them, and shall not without the prior approval of the Secretary of State broadcast or transmit by means thereof any sponsored programme or subscription service.
11.1 The Corporation shall at its own expense make appropriate arrangements to establish and maintain (or to procure that a designated body establish and maintain) to commonly accepted standards an archive or archives of films, sound recordings and other recorded and printed matter which is representative of the sound and television programmes and films broadcast or transmitted by the Corporation. The Corporation shall make reasonable arrangements, itself or with such body or bodies as it chooses, for public access to its sound, television or film archives with or without charge as the Corporation thinks fit.
11.2 Prior to and in making such arrangements the Corporation shall consult such designated bodies as are engaged in the maintenance of sound, television and film archives as it considers appropriate.
11.3 The Corporation shall not sell, destroy or otherwise dispose of any broadcast or transmitted material which it decides not to include in any archive established pursuant to subclause 11.1 without first offering such material free of charge to an appropriate designated body or bodies engaged in the maintenance of sound, television and film archives and transferring such material to such designated body or bodies which accept such offer as the Corporation may think fit.
11.4 For the purposes of this clause, "designated body" shall mean a body designated by order of the Secretary of State for Trade and Industry pursuant to section 75 of the Copyright, Designs and Patents Act 1988.
12. The Corporation shall make appropriate arrangements to maintain a research and development programme in pursuit of its general objects, which it may operate both within the Corporation and in collaboration with universities, businesses and others as it sees fit.
13.1 The Corporation shall not -
(a) offer or give or agree to give to any person in Her Majesty's Service any gift or consideration of any kind as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the obtaining or execution of this or any other contract for Her Majesty's Service or for showing or forbearing to show favour or disfavour to any person in relation to this or any other contract for Her Majesty's Service; or
(b) enter into this or any other contract with Her Majesty or any Government Department in connection with which commission has been paid or agreed to be paid by the Corporation or on its behalf, or to its knowledge, unless before the contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to an authorised officer of the Secretary of State.
13.2 Any breach of this condition by the Corporation or by anyone employed by the Corporation or acting on its behalf (whether with or without the knowledge of the Corporation) or the commission of any offence by the Corporation or by anyone employed by the Corporation or acting on its behalf under the Prevention of Corruption Acts 1889 to 1916 in relation to this or any other contract for Her Majesty's Service shall entitle the Secretary of State to determine the contract and recover from the Corporation the amount of any loss resulting from such determination and/or to recover from the Corporation the amount or value of any such gift, consideration or commission.
13.3 Any dispute, difference or question arising in respect of the interpretation of this condition (except so far as the same may relate to the amount recoverable from the Corporation under subclause 13.2 in respect of any loss resulting from such determination of this contract), the right of the Secretary of State to determine the contract, or the amount or value of any such gift, consideration or commission shall be decided by the Secretary of State whose decision shall be final and conclusive.
The Corporation shall not without the prior approval of the Secretary of State assign, underlet or otherwise dispose of any of its rights or obligations under this Deed or the benefit or advantage of the covenants and provisions herein contained or, except as may be provided in the Royal Charter, assign or charge any sum or sums payable by the Secretary of State to the Corporation hereunder.
15.1 In any of the following cases, that is to say:-
(a) the Corporation shall not in the opinion of the Secretary of State have adequately performed the covenant on its part hereinbefore contained to transmit (after consultation with the Secretary of State for Foreign and Commonwealth Affairs where appropriate) programmes in the Home Services and the World Service efficiently; or
(b) in case of any breach, non-observance or non-performance by or on the part of the Corporation of any of the provisions or conditions contained in the Royal Charter or in any Supplemental Charters of the Corporation or in any document made or issued thereunder, or of any of the other covenants or the provisions or conditions contained herein or in any document made or issued hereunder and on the part of the Corporation to be observed and performed, which shall not be remedied, made good or desisted from within a reasonable time of the attention of the Corporation being drawn to the alleged breach, non-observance or non-performance in question; or
(c) in case the Corporation shall enter into a voluntary arrangement with its creditors or pass a resolution for voluntary winding up or in case an order shall be made by the Court for the winding-up of the Corporation compulsorily or under the supervision of the Court, or in case a receiver or manager shall be appointed of any part of the Corporation's undertaking or any debenture holder, mortgagee or other creditor of the corporation shall enter in possession of any part of the Corporation's property
then and in any of such cases the Secretary of State may at any time thereafter by notice in writing to the Corporation revoke and determine this Deed and the licences, powers and authorities hereinbefore granted and each and every of them, and thereupon this Deed and the said licences, powers and authorities and each and every of them shall (subject and without prejudice to any right of action or remedy for breach of any of the covenants and conditions herein contained which shall then have accrued to either of the parties) absolutely cease, determine and become void.
15.2Nothing in this clause shall be deemed to prejudice or affect any statutory power of the Secretary of State.
16.1 Any approval required to be obtained by the Corporation from any Secretary of State or direction given to the Corporation by the Secretary of State, under the provisions of this Deed shall be in writing and may be given absolutely or subject to such terms or conditions as such Secretary of State may think fit.
16.2 Any notice, approval or direction given by the Secretary of State to the Corporation under the provisions of this Deed may, after consultation with the Corporation, be revoked or varied by any subsequent notice in writing given by him. [continue to next page]
The Deed referred to in Recital (C) to this Deed and dated 2 April 1981 is hereby determined and revoked as from the date on which this Deed comes into effect. Subject always to the resolution referred to in clause 18, this Deed shall come into effect on whichever is the later of the date of the grant of the Royal Charter or the date of issue of wireless telegraphy licences to the Corporation under the Wireless Telegraphy Act 1949 in respect of the operation of its stations.
It is a condition of this Deed that the contract hereby made and any changes hereto (including but without limitation any changes pursuant to subclause 10.2 to the methods of funding the Home Services) shall not be binding unless it has been approved of by a resolution of the House of Commons.
IN WITNESS whereof the Secretary of State has hereunto set her hand and seal and the Corporation has caused its corporate seal to be hereunto affixed the day and year first before written.
THE CORPORATE SEAL OF THE SECRETARY OF STATE FOR NATIONAL HERITAGE
hereunto affixed is authenticated as the Corporate Seal of the Secretary of State for National Heritage by and in the presence of
.................................................................................... A duly authorised official in the Department of National Heritage
THE CORPORATE SEAL of the British Broadcasting Corporation was hereunto affixed in the presence of
..................................................................... Chairman
..................................................................... Director-General
producer and editor director of continuous news
director BBC Radio and music
music critic,writer+broacaster BBC central music advisory committee
prof. physical electronics Chair BBC science advisary committee
journalist Deputy chief executive BBC news
TV presenter BBC world service
executive Director-General 1992-2000
executive BBC board of governors
Ancestors were big landlords in South West of Ireland - army unit 'Bland's
Dragoons' later became the 'Royal Eniskillen' - lost land & fell to
'poverty'
Bland brought up by remote cousins in Northern Ireland
Father worked for Shell for 40 years
Parents in Kenya, Canada, Jamaica etc.
School Sedburgh - N Yorkshire
Oxford Educated
Army
Played in Irish Olympic fencing team at Rome olympics 1960
Irish wife
Wanted very much to be Tory MP but didn't get on with Margaret Thatcher
Greater Lodon Council (GLC) elected Tory member - chair of schools
sub-committee
Christopher Chataway - leader of the Inner London Education Authority (ILEA,
part of GLC) - offered him job at IBA
At age 35 became Deputy Chair of the Independent Broadcasting Authority (IBA)
when he took up the post bought a television for the first time! (late ninteen
seventies)
Chair of London Weekend Television (LWT) - staff of 750 - sealed (££)
bids for franchise
Controversial share deal where Bland and other top management made vast amounds
of money (Bland's case over £1million) from LWT shares leaping from
60p to 670p, when this became known £500,000 was given to 700 employees
of LWT who hadn't any shares (Bland admits this was probably a guilt alleviation
exercise)
LWT taken over by Granada (Shame says Bland)
Bland asked Virginia Bottomley if he could be chair of the BBC - she said
yes.
Chair of the board of govenors of the BBC - said 'bollocks' in the BBC council
chamber and got a frown from Lord Reith
Chairman of British Telecom PLC with one 18 tear old son (2002)
research scientist BBC general advisary council (science)
Executive BBC World Service
labour party (house of lords) Vice-chair Board of governers 1993-1998
'Mr. Charisma'
Goldman Sachs economist
Chair government inquiry into the future funding of the BBC-1999
Chairman of the Board of Govenors of the BBC (2002)
executive Deputy director of TV BBC Broadcasts
Director New Services
Board of management
member board BBC America UKTV
executive current affairs, cheif political adviser,
1987 superviser parliamentary broacating
executive DIRECTOR-GENERAL BBC
executive produced money programe, panorama in the 80's
then became ITV boss
now channel 5 boss
chair british screen advisory council
chair national film + TV school
Oxford lectures-The political structure of UK broadcasting
Director BBC Governor
Broadcaster BBC news and current affairs
Executive managing director BBC TV 1988-1991 Now ITV
Channel Controller BBC 80's
C4 90's
Dome
lottery
Executive Chief executive BBC news 1996-2001
Executive troubleshooter 1990
Executive controller BBC1
Economist BBC governor
Executive BBC board of governors 1986-96
TV producer and executive Controller BBC entertainment
Fellow Institute of Directors (IOD)
Executive controller BBC2 93-96
Controller BBC1 & director of TV 96-97
CEO Channel 4 1997-now
Chair Film Four Ltd 1997-now
economic/banking journalist BBC 1990-now
executive BBC governor 85-90
Royal Institute of International Affairs 84-90
consultant to FCO 84-97
executive director/controller BBC proms
political journalist Political editor BBC
Executive Deputy Director-general BBC 93-97
Now Guardian CEO
TV producer controller BBC1 87-92
2002 - Carlton TV
Executive Assistant director-general BBC 82-87
Now (2002) military lobyist-dir.defence public affairs consultants
dir. Europac group
Executive CEO ITN
Journalist BBC business editor
Journalist vice-chair BBC 81-86
Broadcaster and journalist
Director of NIREX 1986-now !!
Journalist Director BBC Sport
Cartoonist animation and film directing BBC
Punch, Private Eye, Sunday Times, Time
banker (UBS Warburg)
BBC 1994-2000
Broadcaster and writer
Editor BBC Foriegn Affairs/world affairs
executive BBC head of current affairs 1984
controller English programmes 87-94
secetary-general Commonwealth Broadcasting Association
Executive Director of TV BBC
Academic and university administrator
BBC broadcasting council for Wales
Broadcaster and journalist originaly a korean war propagandist
Founder of Yorkshire TV 1968
Programmes on the Saltan of Brunei, South Africa, Miss World
Executive - Broadcasting Standards Commision
Executive BBC Enterprises 91-93
Subscription TV 90-93
executive Director Drama, Entertainment and childrens programmes
Chief executive environment agency
Institute of Public Policy Research (IPPR - Labour policymaking 'think
tank')
2002 - Royal Society for the Protection of Birds (RSPB) boss