Postal Services Bill - continued        House of Lords
PART II, LICENCES FOR POSTAL SERVICES - continued
Miscellaneous - continued

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Recovery of costs of the Council etc.     39. The Secretary of State may give directions to the Commission as to-
 
 
    (a) the inclusion in any licence of conditions requiring the payment of sums relating to the expenses of the Council or of the Secretary of State in relation to the establishment of the Council,
 
    (b) the exercise of any power of the Commission to determine anything falling to be determined under such conditions.
Directors' remuneration.     40. - (1) This section applies to any licence holder which is a company.
 
      (2) As soon as practicable after the end of each financial year of the company it shall make a statement to the Commission-
 
 
    (a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3), and
 
    (b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.
      (3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors to standards of performance-
 
 
    (a) specified for the company in its licence, or determined for the company by or under the licence, or
 
    (b) set or agreed to by the company,
       in relation to the provision of services authorised or required by the licence.
 
      (4) A description under subsection (2)(b) shall include-
 
 
    (a) a statement of when the arrangements were made,
 
    (b) a description of the standards of performance in question,
 
    (c) an explanation of the means by which the standards of performance are assessed, and
 
    (d) an explanation of how the remuneration was calculated.
      (5) The statement required by subsection (2) shall also state-
 
 
    (a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3),
 
    (b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,
       and if there are, or it is intended that there will be, such arrangements in force the statement shall describe those arrangements.
 
      (6) A description under subsection (5) shall-
 
 
    (a) include the matters mentioned in subsection (4)(a) to (c), and
 
    (b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.
      (7) The statement required by subsection (2) shall be made to the Commission in such manner as may be required by the Commission.
 
      (8) The statement required by subsection (2)-
 
 
    (a) shall be published by the company making the statement in such manner as it considers will secure adequate publicity for the statement, and
 
    (b) may be published by the Commission in such manner as it may consider appropriate.
      (9) The duty of a company under this section applies in relation to any person who has at any time been a director of the company.
 
      (10) In this section-
 
 
    "company" means a company within the meaning of the Companies Act 1985, or the Companies (Northern Ireland) Order 1986, which is limited by shares,
 
    "remuneration" in relation to a director of a company-
 
      (a) means any form of payment, consideration or other benefit (including pension benefit) paid or due to or in respect of the director, and
 
      (b) includes remuneration in respect of any of his services while a director of the company.
Free services for the blind and partially sighted.     41. - (1) The Secretary of State may direct the Commission to impose, as a condition of a relevant licence, a requirement that the licence holder provide such free postal services as may be specified in the direction to such descriptions of blind or partially sighted persons as may be so specified.
 
      (2) The requirement shall not come into force unless-
 
 
    (a) the Secretary of State directs the Commission to bring it into force, and
 
    (b) the Commission gives notice of the direction to the licence holder.
      (3) The Secretary of State shall consult the Commission and the Council before giving any direction under this section.
 
      (4) In this section "relevant licence" means a licence to be granted which is to require the person holding it to provide a universal postal service or part of such a service.
 
 
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