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| Appeals against revocation of licences. |
4. - (1) Part II of Schedule 3 to the 1993 Act (which relates to procedure and appeals in connection with the revocation, under section 10, of licences under section 5 or 6) shall be amended as follows.
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(2) In paragraph 6(1) (which specifies what a notice of proposed revocation must state) the word "and" at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted-
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"(cc) that the right of appeal conferred by paragraph 11 is dependent on the licensee having made such written or oral representations, and". |
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(3) In paragraph 7(2)(a) (duration of suspension of licence) for "or the Secretary of State allows an appeal against the revocation" there shall be substituted "or an appeal against the revocation is allowed".
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(4) In paragraph 9(2) (time at which revocation takes effect) for paragraph (b) (determination of appeal to Secretary of State) there shall be substituted-
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"(b) if the licensee appeals within that period against the revocation and the court makes an order under paragraph 11(2), until such time as is specified in the order, |
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whichever is the later."
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(5) Paragraph 10 (appeals to the Secretary of State) shall cease to have effect.
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(6) After paragraph 10 there shall be inserted-
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"Appeals |
| | 11. - (1) Where the Director General decides under paragraph 9 to revoke a licence, the licensee may appeal against the decision on the grounds-
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(a) that the Director General made an error as to the facts, |
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(b) that there was a material procedural error, or |
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(c) that the Director General made some other error of law. |
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(2) Where a licensee appeals under this paragraph, the powers of the court pending the withdrawal or final disposal of the appeal shall include power, on the application of the licensee or the Director General, to make an order, if the court considers it just and equitable to do so in all the circumstances of the case, preventing the revocation taking effect until such time as may be specified in the order.
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(3) An appeal under this paragraph lies to the High Court or, in Scotland, to the Court of Session.
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(4) Any appeal under this paragraph to the Court of Session shall be heard in the Outer House."
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| Access by Comptroller and Auditor General to documents etc. |
5. - (1) Section 33 of the 1993 Act (accounts of Secretary of State and National Debt Commissioners) shall be amended as follows.
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(2) After subsection (3) there shall be inserted-
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"(4) For the purpose of exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General-
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(a) shall have a right of access at all reasonable times to any documents which he reasonably requires which are in the custody or under the control of any section 5 licensee; and |
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(b) shall have a right to require from any officer or employee of any section 5 licensee, or from the auditors of any section 5 licensee, an explanation of, or information relating to, any such documents; |
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but a section 5 licensee shall not, by virtue only of this subsection, be a body to which section 6 of the National Audit Act 1983 applies.
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(5) For the purpose of-
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(a) exercising his examination function in relation to any accounts prepared under subsection (1), or |
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(b) deciding whether, or to what extent, to exercise any right conferred by subsection (4), |
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the Comptroller and Auditor General shall have regard to any information which the Director General has obtained from any section 5 licensee and which is relevant to the exercise of that function.
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(6) Where, in exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General obtains any information which gives him grounds to believe that a section 5 licensee has, or may have, contravened any of the conditions of its licence under section 5, the Comptroller and Auditor General shall as soon as practicable disclose that information to the Director General.
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(7) A section 5 licensee shall be under a duty-
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(a) to permit the Comptroller and Auditor General to exercise the right conferred by subsection (4)(a); and |
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(b) to do all that may be reasonably practicable to secure that any person who under subsection (4)(b) is required to provide an explanation of, or information relating to, any document complies with that requirement; |
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and any breach of that duty shall be actionable at the suit of the Comptroller and Auditor General.
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(8) The right of access to documents conferred by subsection (4)(a) includes a right to take copies of or make extracts from documents.
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(9) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form; and in the case of information so held the right of access conferred by subsection (4)(a) includes a right of access to, and to take copies of, that information in a visible and legible form.
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(10) In this section-
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"examination function", in relation to the Comptroller and Auditor General, means his function under subsection (3); |
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"section 5 licensee" means a body which holds or has held a licence under section 5." |
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(3) This section has effect in relation to accounts prepared under section 33(1) of the 1993 Act so far as they relate to periods beginning on or after 1st April 1999.
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The new good cause |
| The new good cause and the re-allocation of lottery money. |
6. - (1) Section 22 of the 1993 Act (apportionment of money in Distribution Fund) shall be amended in accordance with subsections (2) to (6) below.
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(2) After subsection (3)(e) (20 per cent. of balance of sums paid into National Lottery Distribution Fund to be allocated for expenditure on projects to mark the year 2000 and the beginning of the third millennium) there shall be inserted- "and
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(f) 13 1/3 per cent. shall be allocated for expenditure on or connected with health, education or the environment." |
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(3) In subsection (3)(a) (20 per cent. to be allocated for expenditure on or connected with the arts) for "20 per cent." there shall be substituted "16⅔ per cent."
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(4) In subsection (3)(b) (20 per cent. to be allocated for expenditure on or connected with sport) for "20 per cent." there shall be substituted "16⅔ per cent."
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(5) In subsection (3)(c) (20 per cent. to be allocated for expenditure on or connected with the national heritage) for "20 per cent." there shall be substituted "16⅔ per cent."
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(6) In subsection (3)(d) (20 per cent. to be allocated for charitable expenditure) for "20 per cent." there shall be substituted "16⅔ per cent."
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(7) In section 30 of the 1993 Act (winding up of fund allocated under section 22(3)(e)) in subsection (1)(b) (substitution of higher percentages for the percentages which on 31st December 2000 are specified in section 22(3)(a) to (d)) after "(a) to (d)" there shall be inserted "and (f)".
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(8) In subsection (1) of section 44 of the 1993 Act (interpretation of Part II) after the definition of "the Distribution Fund" there shall be inserted-
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""education" includes training and the provision of activities for children; |
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"the environment" includes the living and social environment;". |
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(9) This section shall apply in relation to sums paid into the National Lottery Distribution Fund under section 21(2) of the 1993 Act on or after 14th October 1997.
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(10) The Secretary of State shall make such re-allocations of-
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(a) the money held in the National Lottery Distribution Fund at the commencement of this section, |
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(b) the money invested by the National Debt Commissioners under section 32 of the 1993 Act as at the commencement of this section, and |
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(c) the proceeds (as defined in section 32(4) of the 1993 Act) of the money mentioned in paragraph (b) above, |
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as are designed by the Secretary of State to give effect to the provisions of this section.
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