First Previous (PART 6 Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters ) Next (Chapter 2 Provisions specific to RTÉ )

18 2009

Broadcasting Act 2009

PART 7

Public Service Broadcasting

Chapter 1

Public Service Broadcasting Corporations — Common Provisions

Bodies corporate.

79 .— Each corporation continues as a body corporate with perpetual succession and power to sue and be sued and to acquire, hold and dispose of land.

Seals of corporations.

80 .— (1) A corporation shall as soon as may be after the passing of this Act provide itself with a new seal.

(2) The seal of a corporation shall be authenticated by the signature of the chairperson of the corporation, or some other member of it authorised by the corporation to act in that behalf, and the signature of an officer of the corporation authorised by the corporation to act in that behalf.

(3) Judicial notice shall be taken of the seal of a corporation, and every document purporting to be an instrument made by the corporation and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the corporation shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

Appointment of board.

81 .— (1) The number of members of the board of a corporation shall be 12 in number, of which—

(a) 6 of them shall be appointed by the Government on the nomination of the Minister,

(b) subject to subsection (2), 4 of them shall be appointed by the Government on the nomination of the Minister,

(c) one shall be appointed by the Government following an election in accordance with section 83 , and

(d) one shall be the director general of the corporation.

(2) Where an appointment is to be made by the Government under subsection (1)(b) or under that paragraph arising from a vacancy referred to in section 84 (12)

(a) the Minister shall inform the Joint Oireachtas Committee of the proposed appointment,

(b) The Minister in respect of an appointment under subsection (1)(a) shall provide a statement to the Joint Oireachtas Committee indicating the relevant experience and expertise of the persons or person nominated by the Minister for appointment or appointed by the Government on the nomination of the Minister, and such other matters as the Minister considers relevant,

(c) the Joint Oireachtas Committee shall within the period of 90 days of being so informed, advise the Minister of the names of the persons or name of the person it proposes that the Minister should nominate under subsection (1)(b) giving reasons, such as relevant experience and expertise, in relation to the proposed named persons or person,

(d) the Minister shall have regard to the advice and may accept the proposed named persons or some of them or the named person or decide to nominate as he or she sees fit other persons or another person, and

(e) inform the Joint Oireachtas Committee of his or her decision.

(3) Not less than 5 of the members of the board of a corporation shall be men and not less than 5 of them shall be women.

(4) The Joint Oireachtas Committee for the purposes of providing advice to the Minister under subsection (2) may establish a panel, for such duration, and consisting of such number of persons as the Joint Oireachtas Committee shall think proper.

(5) Persons placed on a panel established under subsection (4) shall—

(a) have experience of or have shown capacity in one or more of the matters stated in section 82 (1),

(b) in respect of TG4 comply with the requirements of section 82 (2), and

(c) be chosen with a view to representing the public interest in respect of public service broadcasting matters.

(6) The Joint Oireachtas Committee shall, insofar as is practicable, endeavour to ensure that among the persons placed on a panel under subsection (4) there is an equitable balance between men and women.

(7) The Joint Oireachtas Committee shall have sole responsibility for the selection and placing of candidates on a panel established under subsection (4).

Criteria for board membership.

82 .— (1) A person shall not be appointed to be a member of the board of a corporation unless he or she has experience of or shown capacity in one or more of the following matters—

(a) media affairs,

(b) public service broadcasting,

(c) broadcast content production,

(d) digital media technologies,

(e) trade union affairs,

(f) business or commercial affairs,

(g) matters pertaining to the development of the Irish language,

(h) matters pertaining to disability,

(i) arts, music, sport or culture,

(j) science, technology or environmental matters,

(k) legal or regulatory affairs, and

(l) social, educational or community activities or Gaeltacht affairs,

relevant to the oversight of a public service broadcaster.

(2) A person shall not be appointed to be a member of the board of TG4 unless he or she is able to communicate proficiently in the Irish language.

(3) Each member of the board of a corporation shall be appointed for a period not exceeding 5 years.

(4) The Government in setting a term of appointment under subsection (3) shall consider the need for continuity of membership of the board of a corporation.

(5) A member of the board of a corporation whose term of office expires by the effluxion of time shall be eligible for re-appointment.

(6) A member of the board of a corporation shall not serve more than 2 consecutive terms of office.

(7) A member of the board of a corporation may at any time resign his or her office by letter addressed to the Government and the resignation shall take effect on the date specified therein or upon receipt of the letter by the Government, whichever is the later.

(8) Subsections (3) to (7) do not apply to the membership of the director general of the board of a corporation.

Appointment of staff member.

83 .— (1) The Government shall appoint to be a member of the board of each corporation one member of staff of the corporation elected to be a staff member of the board in accordance with this section.

(2) A member of the board of a corporation appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election.

(3) An election shall be held as soon as practicable after the passing of this Act or such longer period as may be agreed between the corporation and recognised trade unions and staff associations.

(4) Subsections (5) to (16) apply for the purposes of an election.

(5) (a) The secretary of a corporation (or a person selected by him or her after consultation with representatives of recognised trade unions or staff associations) shall be the returning officer for each election of a staff member of the board of the corporation.

(b) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(c) The returning officer may authorise any person to exercise designated functions on his or her behalf and paragraph (b) applies to any such person.

(6) (a) A poll shall be conducted where there is more than one candidate.

(b) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(c) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(d) An election shall be held in accordance with arrangements made by the returning officer.

(e) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(7) (a) The returning officer shall fix the nomination day and give notice of the election not later than 4 weeks before that day.

(b) The nomination day shall be not earlier than 4 weeks after the day on which eligibility of voters and candidates is determined in accordance with subsections (13) and (14), respectively.

(8) The returning officer may declare a candidate elected if the number of candidates standing duly nominated does not exceed one.

(9) If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll.

(10) On receipt of a notification from the returning officer of the name of the candidate elected or declared to be elected under subsection (8), the Government shall, in accordance with this section, appoint the candidate as a member of the board of the corporation.

(11) The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he or she was involved.

(12) A corporation shall bear the cost of holding an election except costs incurred by candidates on their own behalf.

(13) Every employee of a corporation who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than 18 years of age, and

(b) has been an employee of the corporation for a continuous period of not less than one year,

shall be entitled to vote at an election.

(14) (a) Every employee of a corporation who, on the day specified by the returning officer under subsection (13), is not less than 18 years of age and has been an employee of the corporation for a continuous period of not less than 18 months, shall be eligible to be nominated as a candidate at the election.

(b) A candidate may be nominated by—

(i) a recognised trade union or staff association or jointly by 2 or more such bodies, or

(ii) a minimum of 20 eligible voters.

(c) Nominations shall be made in the manner specified by the returning officer.

(d) The returning officer shall rule on the validity of nominations and his or her decision shall be final.

(15) The returning officer shall prepare and maintain a list of eligible voters and candidates.

(16) The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this section.

(17) In this section “ election ” means an election held under this section for the appointment of a staff member to be a staff member of the board of a corporation.

Terms and removal.

84 .— (1) There shall be paid to members of the board of a corporation, out of monies at the disposal of the corporation, such remuneration (if any) as the Minister, with the consent of the Minister for Finance, from time to time determines.

(2) There shall be paid to members of the board of a corporation, out of monies at the disposal of the corporation, such allowances for expenses incurred by them in the performance of their functions as the Minister, with the consent of the Minister for Finance, from time to time determines.

(3) Subject to this Act, a member of the board of a corporation shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister, with the consent of the Minister for Finance, from time to time determines.

(4) The Minister shall cause a statement in writing specifying the expertise or experience, terms of office and remuneration of the members of a corporation to be laid before both Houses of the Oireachtas and published in the Iris Oifigiúil.

(5) A member of the board of a corporation may at any time be removed from membership of the board of the corporation by the Government if, in the Government’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Government to be necessary for the effective performance by the corporation of its functions, and only if, resolutions are passed by each House of the Oireachtas calling for his or her removal.

(6) A member of the board of a corporation shall cease to be and shall be disqualified from being a member of the corporation where such member—

(a) is adjudicated a bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment,

(d) is convicted of an offence involving fraud or dishonesty, or

(e) is disqualified or restricted from being a director of any company.

(7) A member of staff of a corporation, who is appointed to serve on the board of the corporation or the director general of the corporation, shall cease to be a member of the board of the corporation on the cessation of his or her contract of service with the corporation.

(8) Where a member of the board of a corporation fails—

(a) for a consecutive period of 6 months, to attend a meeting of the corporation, unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness, or

(b) to comply with the requirements of section 93 , or

(c) to make a declaration in accordance with the requirements of section 17 of the Ethics in Public Office Act 1995 ,

the Minister may with the consent of the Government by order remove the member from office.

(9) (a) An order made under subsection (8) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

(10) If a member of the board of a corporation appointed by the Government, on the nomination of the Minister under section 81 (1)(a) or following an election under section 83 , dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the board of the corporation, the Government on the nomination of the Minister, may appoint a person to be a member of the board of the corporation to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the board of the corporation appointed by the Government, on the nomination of the Minister or following an election under section 83 , who occasioned the casual vacancy.

(11) In choosing a person to fill a casual vacancy occasioned by the cessation of membership of a member appointed by Government following an election under section 83 , the Government shall select the next eligible candidate, if any, under section 83 (11). Where 2 or more candidates are credited with an equal number of votes, the Government shall select one of them by lot.

(12) If a member of the board of a corporation appointed by the Government on the nomination of the Minister under paragraph (b) of section 81 (1) dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the board of the corporation, the Government on the nomination of the Minister, the Minister having regard to the advice of the Joint Oireachtas Committee, may appoint a person to be a member of the board of the corporation to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the board of the corporation appointed by the Government on the nomination of the Minister under paragraph (b) of section 81 (1), who occasioned the casual vacancy.

Chairperson.

85 .— (1) The Government shall from time to time as occasion requires appoint, on the nomination of the Minister, a member of the board of a corporation to be chairperson of it.

(2) A chairperson of a corporation shall, unless he or she sooner dies, resigns the office of chairperson or ceases to be chairperson under subsection (4), hold office until the expiration of his or her period of office as a member of the board of the corporation.

(3) A chairperson of a corporation may at any time resign his or her office as chairperson by letter sent to the Government and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the corporation held next after the corporation has been informed by the Government of the resignation.

(4) Where a chairperson of a corporation ceases during his or her term of office as chairperson to be a member of the corporation he or she shall also cease to be chairperson of the corporation.

(5) A member of staff of a corporation appointed by the Government to membership of the board of the corporation or a director general of a corporation shall not be appointed as chairperson of the corporation.

Exclusions from board membership.

86 .— (1) Where a member of the board of a corporation is—

(a) nominated as a candidate for election to the European Parliament, either House of the Oireachtas, or as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she thereupon ceases to be a member of the corporation.

(2) Where the person who is the director general or a member of the staff of a corporation is—

(a) nominated as a candidate for election to the European Parliament, either House of the Oireachtas, or as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she shall thereupon stand seconded from employment by the corporation and shall not be paid by, or be entitled to receive from, the corporation any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected as the case may be, and ending when such person ceases to be a member of either such House or that Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament, shall, while so entitled or such a member, be disqualified from becoming a member of the board of a corporation or the director general or a member of the staff of a corporation.

(4) A person who is appointed a member of the Authority, the Contract Awards Committee or the Compliance Committee shall be disqualified from becoming or ceases to be a member of the board of a corporation or a director general or a member of staff of a corporation.

(5) A person who holds employment, save for educational or performing creative work, or has an interest in an undertaking holding a contract under this Act, shall be disqualified from becoming or ceases to be a member of the board of a corporation.

(6) A person who holds employment in RTÉ shall be disqualified from becoming or ceases to be a member of the board of TG4.

(7) A person who holds employment in TG4 shall be disqualified from becoming or ceases to be a member of the board of RTÉ.

(8) A person who holds membership of the board of RTÉ shall be disqualified from becoming or ceases to be a member of the board of TG4.

(9) A person who holds membership of the board of TG4 shall be disqualified from becoming or ceases to be a member of the board of RTÉ.

(10) Without prejudice to the generality of subsection (2), that subsection shall be read as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the corporation for the purposes of any superannuation benefits.

Duties of board members.

87 .— Subject to the requirements of this Act every member of the board of a corporation shall perform his or her functions in such a manner as to—

(a) represent the interests of viewers and listeners,

(b) ensure that the activities of the corporation in pursuance of its objectives as set out in section 114 (1) or 118 (1) are performed efficiently and effectively,

(c) ensure that the gathering and presentation by the corporation of news and current affairs is accurate and impartial, and

(d) safeguard the independence of the corporation, as regards, the conception, content and production of programmes, the editing and presentation of news and current affairs programmes and the definition of programme schedules from State, political and commercial influences.

Meetings.

88 .— (1) The board of a corporation shall hold such and so many meetings as may be necessary for the due performance of its functions.

(2) At a meeting of the board of a corporation—

(a) the chairperson of the board of a corporation shall, if present, be chairperson of the meeting, and

(b) if and so long as the chairperson of the board of a corporation is not present or if the office of chairperson is vacant, the members of the board of a corporation who are present shall choose one of their number to be chairperson of the meeting.

(3) Every question at a meeting of the board of a corporation shall be determined by a majority of the votes of the members of the board present and voting on the question, and in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) The board of a corporation may act notwithstanding one or more vacancies among its members.

(5) Subject to this Part, the board of a corporation shall regulate its procedure and practice by rules made under this section.

(6) The quorum for a meeting of the board of a corporation shall be 7.

(7) Subject to any rule made under subsection (5) meetings of the board of a corporation shall be capable of being held by telephone or other suitable electronic means whereby all the members of the board can hear and be heard.

(8) The board of a corporation may delegate any of its functions to a subcommittee of the board of the corporation subject to such conditions as the board of the corporation considers appropriate.

Director general.

89 .— (1) A corporation shall from time to time appoint a person to be the chief executive officer of the corporation and who shall be known, and is in this Part referred to, as, in the Irish language, ardstiúrthóir or, in the English language, director general.

(2) A director general shall—

(a) carry on and manage, and control generally, the administration of the corporation,

(b) act as editor-in-chief in respect of content published by the corporation in pursuance of its objects under this Act, and

(c) perform such other functions (if any) as may be determined by the board of the corporation.

(3) The consent of the Government is necessary before a corporation appoints or removes the director general of the corporation, or alters his or her remuneration or his or her terms and conditions of holding office.

(4) The person who, immediately before the passing of this Act, was the director general of Radio Telefís Éireann, continues as director general of RTÉ.

(5) The person who, immediately before the passing of this Act, was the chief executive officer of TG4, continues as director general of TG4.

(6) A director general shall not hold any other office or employment or carry on any business without the consent of the board of the corporation.

(7) A director general shall furnish the board of the corporation with such information (including financial information) in relation to the performance of his or her functions as the board of the corporation may from time to time require.

(8) The functions of a director general may be performed in his or her absence or when the position of director general is vacant by such member of the staff of the corporation as may, from time to time, be designated for that purpose by the board of the corporation.

(9) A director general shall, for the duration of his or her appointment, serve as an ex officio member of the board of his or her corporation.

Staff.

90 .— (1) A corporation shall, as well as appointing a director general, appoint such and so many persons to be members of the staff of the corporation as it may, from time to time, determine but, subject to subsection (2), a person shall not be appointed under this section to be a member of staff of the corporation unless he or she has been selected by means of a public competition.

(2) The requirement under subsection (1) of being selected by means of a public competition does not apply in relation to:

(a) an appointment consisting of the promotion of a person who is already a member of staff of the corporation,

(b) an office for which, in the opinion of the corporation, specialised qualifications not commonly held are required, or

(c) an office to which appointments are made for limited periods only, being periods not exceeding 2 years.

(3) A member of staff of a corporation shall hold his or her employment on such terms and conditions as the corporation from time to time determines.

(4) A corporation may perform any of its functions through or by any of its members of staff duly authorised by the corporation in that behalf.

Superannuation.

91 .— (1) A corporation, with the approval of the Minister and the consent of the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff, including the director general, of the corporation.

(2) A superannuation scheme shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) A corporation may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme amending or revoking a superannuation scheme including a scheme under this section.

(4) A superannuation scheme submitted by the corporation under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the corporation in accordance with its terms.

(5) Each superannuation scheme shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

(6) No superannuation benefits shall be granted by the corporation to or in respect of a person on ceasing to be director general or a member of the staff of the corporation otherwise than—

(a) in accordance with a superannuation scheme, or

(b) with the consent of the Minister and the Minister for Finance.

(7) Disbursement of superannuation benefits which may be granted to or in respect of persons who, immediately before the establishment of Radio Éireann, were officers and servants of the Minister, shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of monies provided by the Oireachtas.

(8) The Minister for Finance shall make such contribution as may, with his or her consent, be specified in a scheme or schemes under this section towards the superannuation benefits related to reckonable service given before the establishment day of Radio Éireann which may be granted to or in respect of persons who, immediately before that day, were officers and servants of the Minister, and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.

(9) Monies required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce of it.

(10) (a) A superannuation scheme (including an amendment of it) shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a), annul the scheme.

(c) The annulment of a scheme under paragraph (b) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution.

(11) In this section “ superannuation scheme ” means a scheme under this section.

Accountability of director general and chairperson to Oireachtas Committees.

92 .— (1) In this section “ Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (4), a director general shall, at the request in writing of a Committee, attend before it to give account for the general administration of his or her corporation.

(3) Subject to subsection (4), the chairperson of a corporation shall, at the request in writing of a Committee, attend before it to represent the views of the board of his or her corporation.

(4) A director general or chairperson shall not be required to give account for, or represent the views of the board of his or her corporation in respect of, any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(5) Where a director general or chairperson is of the opinion that a matter in respect of which he or she is requested to give an account for, or represent the views of the board of the corporation, is a matter to which subsection (4) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the director general or chairperson is before it, the information shall be so conveyed in writing.

(6) Where the director general or chairperson has informed a Committee of his or her opinion in accordance with subsection (5) and the Committee does not withdraw the request referred to in subsection (2) or subsection (3) in so far as it relates to a matter the subject of that opinion—

(a) the director general or chairperson may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (4) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may determine the matter.

(7) Pending the determination of an application under subsection (6), the director general or chairperson shall not attend before the Committee to give account for, or represent the views of the board of the corporation in respect of, the matter the subject of the application.

(8) If the High Court determines that the matter concerned is one to which subsection (4) applies, the Committee shall withdraw the request referred to in subsection (2) or subsection (3), but if the High Court determines that subsection (4) does not apply, the director general or chairperson shall attend before the Committee to give account for, or represent the views of the board of the corporation in respect of, the matter.

Disclosure by members of corporation of certain interests.

93 .— (1) A member of the board of a corporation who has—

(a) any interest in any body or concerns with which the corporation has made a contract or proposes to make a contract, or

(b) any interest in any contract which the corporation has made or proposes to make,

shall disclose to the board of the corporation the fact of such interest and the nature of it and shall not be present at any deliberation or decision of the board of the corporation relating to the contract.

(2) Where at a meeting of a board of a corporation any of the following matters arise, namely—

(a) an arrangement to which the corporation is a party or a proposed such arrangement, or

(b) a contract or other agreement with the corporation or a proposed such contract or other agreement,

then, any member of the board of the corporation present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall—

(i) at the meeting disclose to the board of the corporation the fact of such interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the board of the corporation relating to the matter, and

(v) not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the member of the board by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where at a meeting of a board of a corporation a question arises as to whether or not a course of conduct, if pursued by a member of the board of the corporation, would constitute a failure by him or her to comply with the requirements of subsection (2), the question may be determined by the board of the corporation, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) For the purposes of this section and section 94 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter.

Disclosure by staff and contractors for services of certain interests.

94 .— (1) Where a member of the staff of a corporation or a member of the staff or a director of a subsidiary or a contractor for services, in a category specified before engagement by the corporation, has an interest, otherwise than in his or her capacity as such, in any contract, agreement or arrangement, or any proposed contract, agreement or arrangement, to which the corporation is or is proposed to be a party, that person—

(a) shall disclose to the board of the corporation his or her interest and the nature of it,

(b) shall take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members of the board of the corporation or members of the staff of the corporation or contractors for services in a category specified before engagement by the corporation in relation to it,

(c) shall not influence or seek to influence a decision to be made in the matter, and

(d) shall not make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the corporation or as regards a contract or proposed contract for services of that person as a contractor for services to the corporation.

(3) Where a person to whom subsection (1) applies fails to comply with a requirement of this section, the corporation concerned shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(4) In this section ‘‘ member of staff ’’ includes the director general.

(5) In this section and sections 95 , 104 and 116 , “ subsidiary ” means a subsidiary of a corporation.

Code of conduct.

95 .— (1) A corporation shall, as soon as may be, draw up and adopt a code of conduct in respect of controls on interests and ethical behaviour to apply to each member of the board, member of staff, adviser, member of an advisory committee and member of an audience council of the corporation or a subsidiary of the corporation.

(2) A corporation shall, as soon as may be, draw up a code of conduct in respect of controls on interests and ethical behaviour to apply to such categories of contractors for services as the corporation may specify before engagement.

(3) A corporation shall publish on a website maintained by the corporation any code of conduct drawn up under subsections (1) and (2).

Audience council.

96 .— (1) A corporation shall establish for the purposes of this section, a committee, which committee shall be known, and is in this section referred to, as an audience council.

(2) An audience council shall consist of 15 members appointed by its corporation.

(3) The members of the board of a corporation shall appoint one of their number to serve as a member of its audience council.

(4) In appointing the members of its audience council, a corporation shall endeavour to ensure that the audience council is representative of the viewing and listening public and, in particular, of Gaeltacht communities and persons with a sight or hearing disability.

(5) In appointing the members of its audience council TG4 shall endeavour to ensure that the members of the audience council are able to communicate proficiently in the Irish language.

(6) A corporation shall from time to time appoint, as occasion requires, a member of its audience council to be chairperson of it.

(7) The membership of an audience council shall be appointed for such periods, not exceeding 5 years, as the corporation may think fit and a member of the audience council appointed for a period of less than 5 years shall be eligible for re-appointment for the remainder of the period of 5 years from the beginning of his or her appointment, or for any shorter period.

(8) A member of an audience council may at any time, by notice in writing to the corporation, resign his or her membership. The membership of any member of the audience council may at any time be terminated by notice in writing given to him or her by the corporation.

(9) A corporation shall give to its audience council the use of such resources and information as the council requires for the proper performance of its functions.

(10) The principal function of an audience council shall be to represent to the board of its corporation the views and interests of the general public with regard to public service broadcasting by the corporation.

(11) An audience council may require its corporation to conduct, or arrange to be conducted, as far as is reasonably practicable, a survey of children and young persons, for the purpose of ascertaining the views and interests of children and young persons in respect of public service broadcasting by the corporation.

(12) An audience council may require its corporation to conduct, or arrange to be conducted, as far as is reasonably practicable, a survey of elderly persons, for the purpose of ascertaining the views and interests of elderly persons in respect of public service broadcasting by the corporation.

(13) In order to exercise its function under subsection (10), an audience council may—

(a) hold public meetings, and

(b) require that its corporation provide the equivalent of up to one hour of television programme material and in respect of RTÉ one hour of sound broadcasting programme material in each year, and that the corporation shall broadcast same, at such times as are agreed between the corporation and the audience council.

(14) The quorum for a meeting of an audience council shall be 8.

(15) Subject to this section an audience council shall have the power to regulate its own procedure and practice by rules made under this section.

(16) An audience council shall, not later than 30 June in each year, make an annual report to the Minister, the board of its corporation and the Authority, of its proceedings during the preceding financial year. An audience council may, and if requested to do so by the Minister shall, make special reports to the Minister during any year.

(17) At least once in each year the director general of the corporation concerned shall meet with the audience council of the corporation.

(18) At least once in each year an audience council shall meet with the board of its corporation.

(19) A corporation may pay to each member of its audience council such out-of-pocket expenses as such member may reasonably incur in the performance of his or her functions.

Advisory committees.

97 .— (1) A corporation may establish advisory committees to advise and assist it in the performance of its functions.

(2) Where advisory committees include members other than members of the board of the corporation or staff of the corporation, such members may be paid such remuneration (if any) and allowances for expenses as the corporation considers reasonable, subject to the consent of the Minister and the Minister for Finance.

(3) A corporation may regulate the procedure of its advisory committees, but subject to such regulation, an advisory committee may regulate its own procedure.

(4) A corporation and its director general shall have regard to, but shall not be bound by, the advice of any advisory committee under this section.

Independence.

98 .— Subject to the requirements of this Act, a corporation shall be independent in the pursuance of its objects.

Statement of strategy.

99 .— (1) As soon as may be, but not later than 6 months after the passing of this Act, and every 5 years thereafter, a corporation shall prepare and present to the Minister, in such format as shall be approved by the Minister, a statement of strategy.

(2) A statement of strategy prepared under subsection (1) shall set out the strategy of the board of the corporation for achieving its objects under this Act during the period to which the statement relates, having regard to resources available to the corporation.

(3) The Minister shall, as soon as may be, after a statement of strategy or any revision to it under this section has been presented to him or her, cause a copy or a summary of it to be laid before each House of the Oireachtas.

Sectoral impact assessments by Authority.

100 .— (1) The Authority shall, within 3 months of receiving a written request for advice from the Minister in respect of the sectoral impact of a proposal under this Part, prepare and submit such advice to the Minister.

(2) The Authority, in advising the Minister on the sectoral impact of a proposal under this Part, shall consider the following matters—

(a) the extent to which the proposal impacts on—

(i) the availability, choice, quality and accessibility of services for audiences, and

(ii) existing sectoral services,

(b) the impact of the proposal on sectoral development, innovation and investment,

(c) the impact of the proposal on related markets, and

(d) such matters as the Authority may decide.

(3) In reviewing the sectoral impact of a proposal under this Part, the Authority shall consider such impacts as may arise within a 5 year period of the receipt of a written request for advice from the Minister under subsection (1).

Public service statement.

101 .— (1) A corporation, following a public consultation, shall prepare, not later than 12 months after the passing of this Act, and every 5 years thereafter, or as required by the Minister, a public service statement setting out the principles to be observed, and activities to be undertaken by the corporation in order to fulfil its public service objects.

(2) A corporation shall submit a public service statement prepared under subsection (1) to the Minister.

(3) The Minister, having consulted with the Authority, and having reviewed a public service statement received from the corporation under subsection (2) against its public service objects, may grant his or her consent to the public service statement.

(4) The Minister shall on the grant of his or her consent to a public service statement, or any revision to it, cause a copy of the public service statement to be laid before each House of the Oireachtas.

Annual statement of performance commitments.

102 .— (1) A corporation shall, by 31 January in each year, prepare an annual statement of performance commitments, in accordance with —

(a) its objects,

(b) any extant statement of strategy prepared under section 99 , and

(c) any extant public service statement prepared under section 101 ,

and including the activities to which the corporation intends to commit in that financial year and associated performance indicators.

(2) An annual statement of performance commitments prepared by a corporation under subsection (1), shall address, inter alia

(a) original children’s programming, commissioned or produced by the corporation, relevant to the social and cultural needs and interests of children in Ireland and including animation and children’s programming in the Irish language, to be broadcast by the corporation,

(b) Irish language programming to be broadcast by the corporation,

(c) science and technology programming to be broadcast by the corporation,

(d) magazines and books to be prepared, published and distributed in pursuance of the corporation’s public service objects, and

(e) the recorded audio material to be compiled, published and distributed in pursuance of the corporation’s public service objects.

(3) As soon as may be after 31 January in each year a corporation shall submit to the Minister and the Authority an annual statement of performance commitments prepared under subsection (1) and, having consulted with the Minister and the Authority, shall publish the statement, or a summary of it, as soon as practicable, thereafter.

(4) A corporation shall by 31 March in each year submit to the Minister and the Authority a report on the fulfilment or otherwise of any commitments made in a statement prepared under subsection (1) for the previous financial year and an explanation of any difference arising.

(5) A corporation shall include within a report required under section 110 a report on the fulfilment or otherwise of any commitments published under subsection (3) for the period concerned and an explanation of any difference arising.

Ministerial consent for new services and variations in channels.

103 .— (1) A corporation may, with the consent of the Minister, pursue the objects in paragraphs (g) and (h) of section 114 (1) or paragraphs (g) and (h) of section 118 (1), as the case may be.

(2) A corporation may, with the consent of the Minister, vary the number of television or sound broadcasting channels it operates.

(3) A corporation may, with the consent of the Minister, undertake ancillary services.

(4) Where the Minister proposes to give his or her consent under this section, the Minister shall—

(a) consult with the corporation concerned and such other persons as he or she considers appropriate,

(b) consult with the Authority as to the sectoral impact of a proposal under this section,

(c) consider the public value of such proposal, and

(d) publish in such manner as he or she considers appropriate a statement outlining the consultations that have been carried out under paragraphs (a) and (b) and indicate a place at which any document given to the Minister by a person referred to in paragraph (a) or (b) in the course of consultations under those paragraphs may be inspected.

(5) A person referred to in paragraphs (a) or (b) of subsection (4) may, on giving a document to the Minister for the purposes of subsection (4), request the Minister to omit from documents made available for public inspection under paragraph (d) of subsection (4) a document or part of a document which the person regards as commercially sensitive.

(6) The Minister may, if satisfied that the information contained in a document or part of a document is commercially sensitive and that its disclosure is not necessary for the purposes of public understanding of a decision made under subsection (4), omit the document or part of a document from the documents made available for public inspection under paragraph (d) of subsection (4).

(7) For the purposes of this section, information is commercially sensitive if its disclosure could reasonably be expected to—

(a) materially prejudice the commercial interests of the person who provided that information to the Minister, or of a group or class of persons to which that person belongs, or

(b) prejudice the competitive position of a person in the conduct of the person’s business.

(8) The Minister, in deciding on the public value of a proposal under this section shall consider the following matters—

(a) the importance of the proposal in respect of the pursuance of the public service objects of the corporation,

(b) the compatibility of the proposal with the Council Directive and recommendations of the Council of Europe in respect of public service broadcasting,

(c) the costs and revenues associated with the proposal and any impact on existing public service provision,

(d) the extent to which the proposal contributes to meeting the democratic, cultural, linguistic, educational, and social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland,

(e) the extent to which the proposed service will be accessible by the public,

(f) the extent to which the proposed service will reach under-served audiences,

(g) the contribution of the proposed service or activity to raising the level of familiarity of the general public, or of individual groups within Irish society, with new forms of services and technologies,

(h) the contribution of the proposal to media plurality, and

(i) such matters as the Minister may decide.

(9) The Minister may attach to any consent granted under this section such particular terms or conditions as he or she considers appropriate in the circumstances.

(10) The requirements of subsection (2) shall not apply to the establishment by a corporation of a television or sound broadcasting channel for a period of not more than 30 days (whether consecutive days or otherwise) in any period of 12 months.

(11) In this section “ancillary services” means the provision by a corporation of services, which—

(a) are ancillary to the public service objects of the corporation,

(b) the corporation has not engaged in a significant manner in the previous 5 years,

(c) require expenditure by the corporation in excess of €5 million in each year, and

(d) for which the corporation proposes to use funding received by the corporation under section 123 ,

but does not include the provision by a corporation of a service in pursuance of paragraphs (d), (f) and (i) of section 114 (1) and paragraphs (d) and (f) of section 118 (1).

Establishment of subsidiaries and joint ventures.

104 .— (1) A corporation may, in pursuance of its objects under this Act, with the consent of the Minister and the Minister for Finance, the Minister having consulted with the Authority, acquire, form, establish and dispose of one or more subsidiaries.

(2) A corporation or a subsidiary of it may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, the Minister having consulted with the Authority, promote or take part in the formation or establishment of a company, and enter into joint ventures or partnerships in pursuance of its objects under this Act.

(3) A corporation may, with the consent of the Minister and the Minister for Finance, the Minister having consulted with the Authority, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

(4) The memorandum and articles of association of a subsidiary shall be in such form as may be determined by the corporation with the consent of the Minister and the Minister for Finance.

(5) The Minister may attach to any consent granted under this section particular terms or conditions as he or she considers appropriate in the circumstances.

Duty of corporation with respect to its revenue.

105 .— It is the duty of a corporation so to conduct its affairs as to secure that its revenue is at the earliest possible date, and thereafter continues to be, at least sufficient—

(a) to meet all sums properly chargeable to current account, and

(b) to make suitable provision with respect to capital expenditure.

Advertisements.

106 .— (1) A corporation may broadcast advertisements, broadcast acknowledgements of sponsorship, may fix charges and conditions for such broadcasts and, in fixing the charges, may provide for different circumstances and for additional special charges to be made in special cases.

(2) A corporation may reject any advertisement presented for broadcast in whole or in part.

(3) Subject to the requirements of section 41 (2), a corporation in providing a broadcasting service under this Part shall, subject to the approval of the Minister following consultation with the Authority, fix—

(a) the total daily time for broadcasting advertisements, and

(b) the maximum period given to advertisements in any hour.

(4) The Minister, if so requested by the Referendum Commission following consultation by the Referendum Commission with a corporation and consideration of any proposals of the corporation for broadcasts in connection with the referendum that it communicates to the Referendum Commission, shall direct the corporation in writing to allocate broadcasting time to facilitate the Referendum Commission in performing its functions, and the corporation shall comply with a direction under this subsection.

(5) Charges and conditions referred to in subsection (1) may be fixed subject to variations benefiting advertisers who use the Irish language in their advertisements.

(6) A power under this section to fix charges and conditions shall be read as including a power to cancel or vary any charges or conditions fixed under such power and, where charges or conditions are cancelled, to fix other charges or conditions in lieu of those cancelled.

(7) In this section references to advertisements shall be read as including references to teleshopping material and to advertising matter in sponsored programmes, that is to say, programmes supplied for advertising purposes by or on behalf of an advertiser.

Borrowings.

107 .— (1) RTÉ may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the corporation or otherwise), not exceeding in the aggregate €100,000,000 without requiring the consent of the Minister and the Minister for Finance.

(2) TG4 may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the corporation or otherwise), not exceeding in the aggregate €10,000,000 without requiring the consent of the Minister and the Minister for Finance.

(3) A corporation may, with the consent of the Minister and the Minister for Finance, the Minister having consulted with the Authority, borrow money exceeding the amount specified in subsections (1) or (2) for the purposes of providing for current or capital expenditure by means of—

(a) temporary borrowings from financial institutions, or

(b) the creation of stock or other forms of security to be issued, transferred, dealt with and redeemed in such manner and on such terms and conditions as the corporation, with the consents aforesaid, may determine.

(4) The Minister may attach to any consent granted under subsection (3) such particular terms or conditions as he or she considers appropriate in the circumstances.

(5) The terms upon which monies are borrowed under this section may include provisions charging the monies and interest thereon upon all property of whatsoever kind for the time being vested in the corporation or upon any particular property of the corporation and provisions establishing the priority of such charges amongst themselves.

Transactions between public service and commercial opportunities.

108 .— (1) The commercial activities undertaken by a corporation in pursuance of its exploitation of commercial opportunities object shall—

(a) be operated in an efficient manner so as to maximise revenues, and

(b) be used to subsidise its public service objects.

(2) All transactions or arrangements entered into by a corporation as between the activities arising from—

(a) its public service objects, and

(b) its exploitation of commercial opportunities object,

shall be made at arm’s length and on commercial terms.

(3) On the direction of the Minister, the Compliance Committee shall prepare and submit to the Minister a report on compliance by the corporation with the requirements of subsection (2).

Accounts and audit.

109 .— (1) A corporation shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times, as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the corporation of its functions over a period of years, as required.

(2) A director general, under the direction of the board of his or her corporation, shall cause to be kept, on a continuous basis, all proper and usual books or other records of account in respect of—

(a) all income and expenditure of the corporation,

(b) the sources of such income and the subject matter of such expenditure, and

(c) the property, assets and liabilities of the corporation.

(3) The accounts of a corporation for each financial year shall be prepared in accordance with accounting standards by the director general and approved by the board of the corporation as soon as practicable but not later than three months after the end of the financial year to which they relate for submission to—

(a) in respect of RTÉ, such duly qualified auditors as the board of RTÉ shall appoint, and

(b) in respect of TG4, the Comptroller and Auditor General,

for audit.

(4) A copy of the accounts referred to in subsection (3) and the report of the auditors appointed by the board of RTÉ under paragraph (a) of subsection (3) or the Comptroller and Auditor General, as the case may be, thereon shall, as soon as may be but not later than 6 months after the end of the financial year to which they relate, be presented to the board of the relevant corporation and to the Minister.

(5) The financial year of a corporation shall be the period of 12 months ending on 31 December in any year.

(6) A corporation shall, if so required by the Minister, furnish to him or her, such information as he or she may require in respect of any balance sheet, account or report of the corporation or in relation to the policy and operations of the corporation other than day-to-day operations.

(7) (a) A corporation, its director general and any relevant member of staff of the corporation shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the corporation in respect of any financial year or other period and shall facilitate any such examination.

(b) In this subsection “ relevant member of staff ” means a member of the staff of the corporation in respect of whom there have been duly assigned duties which relate to the books or other records of account referred to in paragraph (a).

(8) A director general, under the direction of the board of his or her corporation, shall cause to be kept all such special accounts as the Minister may from time to time direct.

(9) Without prejudice to subsection (3) and section 110 , a corporation shall as soon as may be after the end of each financial year, send to the Minister—

(a) a statement of the use it has made, of the monies paid to it under section 123 in that financial year, in pursuance of its public service objects, and

(b) a statement in respect of the total revenue and costs derived by the corporation in that financial year distinguishing between monies received or expended on—

(i) activities in pursuance of its public service objects, and

(ii) activities in pursuance of its exploitation of commercial opportunities object.

(10) A corporation shall include in the statement required under subsection (9) a statement of the cost accounting principles and methods by which costs and revenues have been assigned to such activities.

(11) The Authority, at the direction of the Minister, and having consulted with a corporation, shall prepare and publish guidance for the corporation as regards the cost accounting principles and methods to be considered by the corporation in preparing a statement under subsection (9).

(12) Any guidance issued by the Authority under subsection (11) shall be general in nature and shall not specify the particular items to be included in preparing a statement under subsection (9) to which the guidance relates.

(13) The Compliance Committee, at the direction of the Minister, shall review and report to the Minister on the extent to which a statement prepared under subsection (9) complies with the guidance issued by the Authority under subsection (11).

(14) The Minister may give directions to a corporation as to the format of a statement prepared under subsection (9).

(15) The Minister shall cause the documents furnished to him or her under this section to be laid before each House of the Oireachtas.

(16) In this section “accounting standards” has the same meaning as in section 205A(1) of the Companies Act 1990 .

Reports and information.

110 .— (1) A corporation shall, not later than 30 June in each year make a report to the Minister (in this section referred to as the “ an nual report ”) in such form as the Minister may approve, on the performance of its functions and activities during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Whenever the Minister so directs, the annual report shall also include such additional information on the performance of the corporation’s functions and activities during the preceding year as the Minister may specify.

(3) A corporation shall co-operate with the Minister and the Authority in the performance of their respective functions under this Act including providing them with all necessary information.

(4) RTÉ shall on the third and fifth anniversaries of 18 April 2007 carry out a review of the provision of the television broadcasting service and sound broadcasting service referred to in paragraph (f) of section 114 (1).

(5) RTÉ shall make a report to the Minister of each review carried out by it under subsection (4).

(6) The Minister shall cause copies of each report made to him or her under subsection (5) to be laid before each House of the Oireachtas.

Access to archives.

111 .— (1) A corporation shall make reasonable arrangements, itself or with such person or persons as it chooses, for public access to an archive or library established or maintained in pursuance of section 114 (1)(e) or section 118 (1)(e) with or without charge, such charge not to exceed the estimated cost of the search for and retrieval of items contained in the archive or library.

(2) Arrangements made under subsection (1) shall not encompass the copying or reuse of material contained in an archive or library.

(3) A corporation may enter into an arrangement with a public service broadcaster for the reuse with or without charge by the public service broadcaster, in pursuance of its public service objects and functions under this Part, of items contained in any archive or library maintained by the corporation, such charge not to exceed the estimated cost of the search and retrieval of such items.

(4) A corporation shall prepare and submit to the Minister for his or her approval, following consultation with the Authority, a scheme for the licensing of the use and exploitation by third parties of sound and television recordings over which the corporation holds copyright and related rights.

(5) A scheme shall provide separate terms and conditions of licencing for—

(a) non-commercial bona fide educational and research purposes,

(b) commercial purposes, and

(c) other purposes.

(6) Without prejudice to the generality of subsection (4) a corporation may—

(a) specify more favourable charges, terms and conditions in respect of programme material used for the purpose of Irish language broadcasts, and

(b) attach to a scheme such particular terms or conditions as it considers appropriate.

(7) Any amendment or revocation of a scheme shall be submitted by the corporation to the Minister for his or her approval.

(8) A scheme shall, if approved of by the Minister, be—

(a) published (including publication on a website maintained by the corporation), and

(b) carried out in accordance with its terms,

by the corporation.

(9) The Minister shall cause a scheme approved under subsection (4) to be laid before each House of the Oireachtas as soon as practicable after it is made.

(10) The corporation shall ensure that provision is made for resolving disputes arising in respect of the operation of a scheme (by independent arbitration or otherwise) in a manner that appears to the Minister to be appropriate.

(11) The Compliance Committee shall, at the direction of the Minister, report to the Minister on compliance by the corporation with this section.

(12) In this section “ scheme ” means a scheme prepared and submitted to the Minister under subsection (4).

Code of fair trading practice.

112 .— (1) It is the duty of a corporation to prepare and publish, within 15 months of the passing of this Act, and every fourth year thereafter, a code of fair trading practice (in this section referred to as a “ code ”) setting out the principles that it shall apply when agreeing terms for the commissioning of programming material from independent producers.

(2) The Authority, having consulted with the Minister, a corporation, and independent producers (or such persons appearing to the Authority to represent them), shall within 12 months of the passing of this Act and every fourth year thereafter, prepare and issue guidance to the corporation on the format of a code required under subsection (1).

(3) The guidance issued by the Authority under subsection (2) shall be general in nature and shall not specify the particular items to be included in a code to which the guidance relates.

(4) A corporation, having considered the guidance received under subsection (2), shall prepare and submit for approval to the Minister a code.

(5) A code shall include reference to a corporation’s approach to—

(a) multi-annual commissioning,

(b) acquisition of rights, and

(c) timetable for contractual negotiations.

(6) In meeting the requirements of subsection (5) (b) the corporation shall address the arrangements it proposes to adopt in respect of the duration and exclusivity of the various categories of rights it intends to acquire.

(7) The Minister shall, in considering a code, consult with the Authority.

(8) On approval by the Minister the code shall be deemed to have come into force and the corporation shall comply with such a code.

(9) A corporation shall ensure that provision is made for resolving disputes arising in respect of the provisions of a code (by independent arbitration or otherwise) in a manner that appears to the Minister to be appropriate.

(10) The Compliance Committee shall, at the direction of the Minister, report to the Minister on compliance by a corporation with a code prepared under this section.

(11) A corporation may with the approval of the Minister, the Minister having consulted with the Authority, revise and publish amendments to a code.

(12) RTÉ shall co-operate with independent producers in the marketing outside the State of sound broadcasting and television programmes commissioned by RTÉ from independent producers.