Loi sur la société de la radiodiffusion des Caraïbes, Chap. 276 (telle que codifiée en 2002), Barbade

CHAPTER 276

CARIBBEAN BROADCASTING CORPORATION ARRANGEMENT OF SECTIONS

SECTION

1. Short title. PART I

Preliminary

2. Interpretation. PART II

Establishment, Duties and Powers of the Corporation

1. Establishment and constitution of Corporation.

2. Delegation of functions.

3. Disqualification for membership of the Corporation.

4. Power of Corporation to lay down standards.

5. General powers of the Corporation.

6. Advertisements and tariff of charges.

7. Advisory Committees.

9A. Directions by Minister. PART III

Financial Provisions, Accounts and Reports

10. Application of revenues.

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CAP. 276 Caribbean Broadcasting Corporation L.R.O. 2002 2

SECTION

1. General duty of Corporation as to finance.

2. Financial and accounting procedures.

3. Borrowing powers.

4. Government loans and grants and guarantee of Corporation's borrowings.

5. Repayment of, and interest on, sums issued to meet guarantees.

6. Investment of funds.

7. Reserve fund.

8. Accounts and audit.

9. Annual report. PART IV

Staff

1. Appointment of general manager, secretary and other employees.

2. Regulations relating to staff.

3. Training of employees.

SCHEDULE

Constitution and Procedure of the Corporation

3 L.R.O. 2002 Caribbean Broadcasting Corporation CAP. 276

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CHAPTER 276

CARIBBEAN BROADCASTING CORPORATION

An Act to provide for the establishment of a Corporation to be known 1963-36.

L.N. 168/

as the Caribbean Broadcasting Corporation, for the functions of

1967.

the Corporation, and for purposes connected with the matters 1999-10. aforesaid.

[11th November, 1963] Commencement.

1. This Act may be cited as the Caribbean Broadcasting Short title. Corporation Act.

PART I

Preliminary

2. For the purposes of this Act, the expression Interpreta

tion.

"broadcasting" means wireless telegraphy, whether by sound or vision, for reception by members of the general public;

"broadcasting services" means services by which matter is sent by wireless telegraphy for general reception, either in sound or in visual images with sound;

"chairman" means the chairman of the Corporation;

"Minister" means the Minister responsible for Broadcasting;

"receiving station" means a station for the receipt of messages or other matter, including matter sent by television, transmitted from a transmitting station;

"television" means the transmission or representation by wireless telegraphy of images of objects in movement or at rest;

"transmitting station" means a station for the transmission by wireless telegraphy of messages or other matter, including matter sent by television;

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CAP. 276 Caribbean Broadcasting Corporation L.R.O. 2002

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"wireless telegraphy" has the meaning assigned to that expression in Cap. 285. section 2 of the Wireless Telegraphy Act.

PART II

Establishment, Duties and Powers of the Corporation

Establish-3. (1) There shall be a Corporation, to be called the Caribbean

ment and

Broadcasting Corporation (hereafter in this Act referred to as "the

constitution

of Corpora- Corporation"), whose function shall be to provide, in accordance with

tion.

this Act, broadcasting services of high quality both as to the transmission and as to the matter transmitted.

Schedule. (2) The provisions of the Schedule shall have effect as to the constitution of the Corporation and otherwise in relation thereto.

Delegation 4. (1) The Corporation may by a vote of a majority of all the

of functions.

members thereof delegate to any one or more of the following persons, that is to say, the chairman, the general manager and a committee appointed by the Corporation, such of the functions of the Corporation as to enable them effectively to transact such of the day-to-day business of the Corporation as the Corporation may decide.

(2) Nothing herein contained shall authorise the Corporation to delegate to any person functions to make regulations or do any act involving extraordinary expenditure.

Disqualifi-5. A person shall be disqualified for being appointed or being a

cation for

member of the Corporation so long as he is a whole-time employee of

membership of the the Corporation. Corporation.

Power of 6. (1) The Corporation shall have power by directions in writing

Corporation

to lay down general standards of taste, impartiality and accuracy for

to lay down

standards. the contents of all programmes broadcast by the Corporation from any source within their control.

(2) It shall be the duty of all officers, employees and agents of the Corporation, and in particular of the general manager, to ensure that any standards so laid down are maintained.

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7. (1) The Corporation shall, subject to this Act, have power to General

powers of

do all such things as are in their opinion necessary for or conducive to _thethe proper discharge of their functions and, in particular and Corporation. without limiting the generality of the foregoing provisions, they shall have power

(a)

to erect, maintain and operate broadcasting, transmitting, relay and receiving stations;

(b)

to arrange for the provision and equipment of, or, if need be, themselves to provide and equip, studios and other premises for broadcasting purposes;

(c)

to make arrangements for the distribution of programmes broadcast by the Corporation and to receive programmes to be broadcast by the Corporation;

(d)

to do such things as are necessary or expedient for the purpose of turning to account any property or rights of the Corporation.

(2) Nothing in this section shall be construed as authorising the Corporation to do, otherwise than under and in accordance with a licence under the Wireless Telegraphy Act, anything for the doing of Cap. 285 which such a licence is requisite under that Act, and that Act shall have effect in relation to the Corporation accordingly.

8. The Corporation shall fix and make such charges for their Advertise

ments and

services whether for advertising or otherwise as they may deem fit.

tariff of charges.

9. The Corporation may appoint advisory committees to advise Advisory

Committees.

the Corporation on any matter concerning broadcasting services and other business of the Corporation and consisting of as many persons whether or not members of the Corporation as the Corporation thinks fit.

9A. The Minister may give the Corporation directions of a general Directions

by Minister.

nature in respect of the policy to be followed by the Corporation in the

1999-10.

performance of their functions under the Act, and the Corporation shall comply with those directions.

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CAP. 276 Caribbean Broadcasting Corporation L.R.O. 2002

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PART III

Financial Provisions, Accounts and Reports

Application 10. The revenues of the Corporation shall be applied for the

of revenues.

purposes authorised by this Act in relation to the functions and powers of the Corporation.

General duty 11. It shall be the duty of the Corporation as far as practicable in

of Corpora-

the conduct of their affairs to seek to secure that their revenues

tion as to

finance. become, at the earliest possible date and thereafter continue, at least sufficient to meet all sums properly chargeable to revenue account (including sums required for the payment of loans and interest thereon, for provision for depreciation and for the establishment and maintenance of their reserve funds).

Financial 12. The Corporation shall establish and maintain sound financial^and and accounting procedures and where such procedures relate to the

accounting procedures. following matters:

(a)

the determining rates of depreciation;

(b)

the establishing of procedures governing reserves, accumulated surpluses or deficits and the disposal of balances on net revenue account,

they shall be subject to the approval of the Minister responsible for Finance.

Borrowing 13. (1) Subject to this section, the Corporation may borrow sums

powers.

required by them for meeting any of their obligations or discharging any of their functions.

L.N. 168/ (2) The power of the Corporation to borrow shall be exercisable

1967.

only with the approval of the Minister responsible for Finance as to the amount, as to the sources of the borrowing and as to the terms on which the borrowing may be effected.

6A L.R.O. 2002 Caribbean Broadcasting Corporation CAP. 276

(3)

An approval given in any respect for the purposes of subsection (2) may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions.

(4)

Notwithstanding anything to the contrary, where any loan is guaranteed by the Minister responsible for Finance under section 14, the repayment of the principal moneys and interest represented by the loan so guaranteed shall, during the continuance of such guarantee, be a first charge upon such revenues and assets of the Corporation as shall be specified by the Minister responsible for Finance.

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