Culture and Recreation Bill [H.L.] - continued        House of Lords

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  THE SAFETY AUTHORITY: SUPPLEMENTARY PROVISIONS
 
Status and capacity
     1. - (1) The safety authority shall be a body corporate.
 
      (2) The safety authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.
 
      (3) The safety authority shall not be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local.
 
      (4) The safety authority shall have power to do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge.
 
 
Appointment and tenure of members
     2. It shall be the duty of the Secretary of State-
 
 
    (a) to satisfy himself, before he appoints a person to be a member of the safety authority, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and
 
    (b) to satisfy himself from time to time with respect to each member that he has no such interest.
     3. Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the safety authority shall, whenever requested by the Secretary of State to do so, furnish to him such information as the Secretary of State considers necessary for the performance by him of his duties under paragraph 2.
 
     4. Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman of the safety authority in accordance with the terms of his appointment.
 
     5. A person shall not be appointed as a member of the safety authority for more than three years at a time.
 
     6. A person may at any time resign his office as a member or the chairman of the safety authority by giving the Secretary of State a signed notice in writing stating that he resigns that office.
 
     7. Where a member becomes or ceases to be the chairman, the Secretary of State may vary the terms of his appointment as a member of the safety authority so as to alter the date on which he is to vacate office as a member.
 
     8. If the Secretary of State is satisfied that a member of the safety authority-
 
 
    (a) has been absent from meetings of the safety authority for a period longer than three consecutive months without the permission of the safety authority, or
 
    (b) has become bankrupt or made an arrangement with his creditors, or
 
    (c) is unable or unfit to discharge the functions of a member,
       the Secretary of State may declare his office as a member of the safety authority vacant, and notify the declaration in such manner as he thinks fit; and thereupon the office shall become vacant.
 
     9. A person who ceases to be a member, or ceases to be chairman, of the safety authority shall be eligible for re-appointment.
 
 
Remuneration and pensions of members
     10. The safety authority may pay to each member such remuneration and allowances as the Secretary of State may determine.
 
     11. The safety authority may pay, or make provision for paying, to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.
 
     12. Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the safety authority may make to him a payment of such amount as the Secretary of State may determine.
 
 
Investigation by Parliamentary Commissioner
     13. In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation) insert the following entry at the appropriate place-
 
  The Sports Ground Safety Authority.
 
Disqualification for House of Commons and Northern Ireland Assembly
     14. - (1) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert the following entry at the appropriate place-
 
  The Sports Ground Safety Authority;
      (2) In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 insert at the appropriate place the same entry as is set out in sub-paragraph (1).
 
 
Freedom of information
     15. In Schedule 1 to the Freedom of Information Act 2000 (which lists bodies etc. which are "public authorities" for the purposes of that Act) in Part VI, insert the following entry at the appropriate place-
 
  The Sports Ground Safety Authority.
 
Proceedings
     16. The quorum of the safety authority and the arrangements relating to its meetings shall be such as the safety authority may determine.
 
     17. - (1) A member of the safety authority who is in any way directly or indirectly interested in any matter which falls to be considered by the authority shall disclose the nature of his interest at a meeting of the safety authority and the disclosure shall be recorded in the minutes of the meeting.
 
      (2) The member shall not take part after the disclosure in any deliberation or decision with respect to the matter.
 
     18. The validity of any proceedings of the safety authority shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 17.
 
 
Inspectors, officers and other employees
     19. The safety authority may appoint such inspectors as it may determine to perform such functions as are assigned to them by or under this Part of this Act or any other enactment.
 
     20. The safety authority may appoint a secretary and such other officers, and take into its employment such other persons, as it may determine.
 
     21. The terms and conditions of appointments under paragraphs 19 and 20 shall require the approval of the Secretary of State.
 
     22. The safety authority shall, as regards such of its inspectors, officers and other employees as with the approval of the Secretary of State it may determine, pay to or in respect of them such pensions, allowances or gratuities (including pensions, allowances or gratuities by way of compensation for loss of employment), or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.
 
     23. If an inspector, officer or other employee of the safety authority-
 
 
    (a) is a participant in any pension scheme applicable to that employment, and
 
    (b) becomes a member of the safety authority,
       he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the safety authority were service as an employee of the safety authority, whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 10 or 11.
 
 
Accounts and audit
     24. The safety authority shall keep proper accounts and proper records in relation to the accounts, and shall prepare for each accounting year a statement of accounts in such form as the Secretary of State, with the approval of the Treasury, may direct.
 
     25. The accounts of the safety authority shall be audited by auditors appointed for each accounting year by the Secretary of State.
 
     26. - (1) A person shall not be qualified for appointment for the purposes of paragraph 25 unless-
 
 
    (a) he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989, or
 
    (b) he is a member of a body of accountants established in the United Kingdom or another EEA State.
      (2) In this paragraph, "EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.
 
     27. - (1) A copy-
 
 
    (a) of any accounts of the safety authority which are audited under paragraph 25, and
 
    (b) of the report made on those accounts by the auditors,
       shall be sent by the safety authority to the Secretary of State as soon as reasonably practicable after it receives them.
 
      (2) The Secretary of State shall lay before Parliament a copy of any accounts or report received by him under this paragraph.
 
     28. The Comptroller and Auditor General may inspect any records relating to the accounts.
 
     29. In paragraphs 24 and 25, "accounting year" means any period of twelve months ending with the 31st March.
 
 
Authentication of safety authority's seal
     30. The application of the seal of the safety authority shall be authenticated by the signature of the chairman of the authority or some other person authorised by the authority to act for that purpose and that of one other member.
 
 
Presumption of authenticity of documents issued by safety authority
     31. Any document purporting to be an instrument issued by the safety authority and to be sealed in accordance with paragraph 30, or to be signed on behalf of the authority, shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.
 
 
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Prepared 15 December 2000