From BBC - About the BBC - Charter and Agreement
Copy of Royal Charter 1
DEPARTMENT OF NATIONAL HERITAGE
BROADCASTING
Copy of Royal Charter for the continuance of
The British Broadcasting Corporation.
Crown copyright material is reproduced with the permission of the Controller of
HMSO and the Queen's Printer for Scotland.
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 -six
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:-
INCORPORATION
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. 1.
TERMS OF CHARTER
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.
OBJECTS OF THE CORPORATION
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 time
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 ar
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 install, 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 dependants 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.
RESTRICTION ON OVERSEA CONCESSIONS
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.
PROVISION AND REVIEW OF SERVICES
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.
CONSTITUTION
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 fulfilment 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.
ADVISORY BODIES
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.
NATIONAL BROADCASTING COUNCILS
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 any advisory committee appointed by a Council such out-of-pocket
expenses as such member
may reasonably incur in the performance of his functions.
ENGLISH REGIONAL COUNCILS
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.
ORGANISATION
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.
FINANCIAL
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.
ANNUAL REPORT AND STATEMENT OF ACCOUNTS
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.
GENERAL
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.
DISSOLUTION AND WINDING UP
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.
DIRECTIONS AND APPROVALS
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.
INTERPRETATION
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.
GENERAL DECLARATION
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 first day of May in the forty-fifth year of
Our Reign.
BY WARRANT UNDER THE QUEEN'S SIGN MANUAL