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Welsh Language Act 1993

Status:

This is the original version (as it was originally enacted).

Section 4.

SCHEDULE 1The Board

Members

1The Secretary of State shall appoint one of the members of the Board to be chairman of the Board.

2(1)Subject to the following provisions, a member of the Board, and the chairman, shall hold and vacate office in accordance with the terms of his appointment.

(2)A person may at any time resign his office as a member or as chairman of the Board by notice in writing addressed to the Secretary of State.

(3)The Secretary of State may remove a member from office by notice in writing if—

(a)the member has been absent from meetings of the Board for a period of three consecutive months without the Board’s consent, or

(b)a bankruptcy order has been made against the member, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(c)the Secretary of State is satisfied that the member is unable or unfit to discharge his functions as a member.

(4)If the chairman ceases to be a member of the Board he shall also cease to be chairman.

Remuneration of members

3(1)The Board shall pay to its members such remuneration and allowances as the Secretary of State may determine.

(2)The Board may make such payments towards the provision of pensions to or in respect of its members as the Secretary of State may determine.

(3)If the Secretary of State determines that there are special circumstances which make it right that a person ceasing to hold office as a member of the Board should receive compensation, he may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

(4)The Secretary of State shall not make any determination under this paragraph without the approval of the Treasury.

Parliamentary disqualification

4In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— Bwrdd yr Iaith Gymraeg (the Welsh Language Board).

Parliamentary Commissioner

5In Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) the following entry shall be inserted at the appropriate place— Bwrdd yr Iaith Gymraeg (Welsh Language Board).

Procedure

6(1)The quorum of the Board and its procedure shall be such as the Board may determine.

(2)The validity of any proceedings of the Board shall not be affected by any defect in the appointment of any member or of the chairman, or by any vacancy in the office of chairman.

(3)The Secretary of State or a person appointed by him may attend meetings of the Board.

Evidence

7A document purporting to be duly executed under the seal of the Board or to be signed on the Board’s behalf shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved.

Staff

8In determining—

(a)the number of the Board’s staff,

(b)the remuneration, allowances and gratuities to be paid to or in respect of the staff, and

(c)the other terms and conditions of service of the staff,

the Board shall act only with the approval of the Secretary of State given with the consent of the Treasury.

9(1)Employment by the Board shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 may apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of “Other Bodies” there shall be inserted— Bwrdd yr Iaith Gymraeg (Welsh Language Board).

(2)The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (1) above in the sums payable out of money provided by Parliament under that Act.

(3)Where a person employed by the Board—

(a)is, by reference to that employment, a participant in a scheme under section 1 of that Act, and

(b)becomes a member of the Board,

then, with the approval of the Secretary of State given with the consent of the Treasury, the Board may determine that his term of office as a member shall be treated for the purposes of the scheme as employment by the Board (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3(2) above).

Status

10The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

Expenses

11The expenses of the Board, up to such amount as may be approved by the Secretary of State with the consent of the Treasury, may be defrayed by the Secretary of State.

Accounts

12(1)The Board shall keep proper accounts, and shall prepare a statement of accounts in respect of each accounting year.

(2)The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3)The Board shall send copies of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General not later than the 31st August following the end of the accounting year to which the statement relates.

(4)The Comptroller and Auditor General shall examine, certify and report on the statement of accounts and shall lay copies of the statement and of his report before each House of Parliament.

(5)The Board’s accounting year shall be the period of twelve months ending with 31st March, except that the first accounting year shall be the period beginning with the day on which the Board is established and ending with the second 31st March following that date.

Annual reports

13(1)As soon as possible after the end of each accounting year, the Board shall submit to the Secretary of State a report on the discharge of its functions during that year.

(2)The Secretary of State shall lay a copy of the Board’s annual report before each House of Parliament.

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