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Horserace Betting and Olympic Lottery Bill


Horserace Betting and Olympic Lottery Bill
Part 3 — National Lottery: Olympic Lotteries

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Miscellaneous

33      

Interpretation

(1)   

In this Part—

(a)   

a reference to the 2012 Olympic Games is a reference to—

(i)   

the Games of the Olympiad that are to take place in the year

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2012, and

(ii)   

except where the context otherwise requires, the Paralympic

Games that are to take place in that year,

(b)   

“the National Olympic Committee” means the National Olympic

Committee of the United Kingdom,

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(c)   

“the Organising Committee” means the Organising Committee

established by the National Olympic Committee,

(d)   

“the Paralympic Games” means the events known by that name and in

connection with which the Organising Committee has functions by

virtue of an agreement between that committee and the International

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Olympic Committee,

(e)   

“the Olympic Charter” means the Olympic Charter of the International

Olympic Committee, and

(f)   

any expression used in connection with the Olympic Games (including

an expression mentioned in this section) shall have the meaning which

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it has in or in accordance with the Olympic Charter of the International

Olympic Committee (as it has effect from time to time).

(2)   

A reference in this Part to the making of a loan includes a reference to the

provision of any other kind of financial assistance.

34      

Consequential amendments, &c.

25

(1)   

The National Lottery etc. Act 1993 (c. 39) shall have effect subject to this section.

(2)   

In section 4 (overriding duties)—

(a)   

a reference to functions under Part I of that Act shall be treated as

including a reference to functions under this Part of this Act, and

(b)   

the definition in subsection (3) of “the net proceeds of the National

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Lottery” shall be treated as including a reference to sums paid into the

Olympic Lottery Distribution Fund by virtue of section 24 of this Act.

(3)   

For section 5(6) (payments by licensee) substitute—

“(6)   

A licence under this section shall include a condition requiring the

licensee to pay into the National Lottery Distribution Fund sums out of

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the proceeds of lotteries forming part of the National Lottery.

(6A)   

A licence under this section shall include provision for determining—

(a)   

the amount of payments under subsection (6), and

(b)   

the timing of payments under subsection (6).”

(4)   

In the case of a licence granted under section 5 before the coming into force of

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subsection (3) above, the condition included in accordance with section 5(6)

shall, after that time, be construed as if any sum required to be paid by that

condition were required to be paid into the National Lottery Distribution Fund

(subject to section 24 of this Act).

 

 

Horserace Betting and Olympic Lottery Bill
Part 3 — National Lottery: Olympic Lotteries

19

 

(5)   

For section 9(3) (enforcement of conditions) substitute—

“(3)   

Where a sum is due to be paid to the National Lottery Distribution

Fund by virtue of section 5(6)—

(a)   

the sum shall be recoverable by the Secretary of State as a debt

due to the Fund, and

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(b)   

the licensee’s liability to pay shall not be affected by his licence

ceasing to have effect.”

(6)   

For section 10A(14) (breach of licence condition: financial penalty: recovery)

substitute—

“(14)   

Where under this section one person (“the debtor”) becomes liable to

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pay a penalty to another person (“the creditor”)—

(a)   

the penalty and any interest accrued under subsection (13) shall

be recoverable by the Secretary of State from the debtor as a

debt due to the creditor, and

(b)   

the debtor’s liability to pay shall not be affected by his licence

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ceasing to have effect.

(15)   

A penalty under this section may be payable partly to the National

Lottery Distribution Fund and partly to the Olympic Lottery

Distribution Fund.”

(7)   

In section 11 (directions by Secretary of State to National Lottery Commission)

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the reference to the functions of the Commission under sections 5 to 10A of that

Act shall be treated as including a reference to the functions of the Commission

under or in accordance with this Part.

(8)   

In section 21 (National Lottery Distribution Fund) subsection (2) (payments in

by Secretary of State) shall cease to have effect.

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(9)   

In section 22 (apportionment of National Lottery Distribution Fund: saving)—

(a)   

in subsection (1) for “under section 21(2)” substitute “by virtue of

section 5(6) or 10A”,

(b)   

omit subsection (3)(e), and

(c)   

at the end of subsection (4) add “and to section 25 of the Horserace

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Betting and Olympic Lottery Act 2004.”

(10)   

Section 30 (winding up of millennium fund) shall cease to have effect.

(11)   

Section 33 (accounts) shall apply in relation to the Olympic Lottery

Distribution Fund as it applies in relation to the National Lottery Distribution

Fund—

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(a)   

taking the reference to section 32 of that Act as a reference to section 27

of this Act, and

(b)   

with any other necessary modifications.

35      

Changes in Olympic procedure

(1)   

The Secretary of State may by order make such provision as he thinks

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necessary or expedient in consequence of a change effected after the passing of

this Act in the arrangements made by the International Olympic Committee in

relation to the Games of the Olympiad.

(2)   

An order under subsection (1) may, in particular, amend a provision of—

(a)   

this Part, or

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Horserace Betting and Olympic Lottery Bill
Part 4 — General

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(b)   

any other enactment.

36      

Regulations and orders

(1)   

Regulations or an order under this Part shall be made by statutory instrument.

(2)   

Regulations or an order under this Part—

(a)   

may make provision generally or only in relation to specified cases or

5

circumstances,

(b)   

may make different provision for different circumstances, and

(c)   

may include incidental, consequential or transitional provision.

(3)   

An order under section 22(2) or (3) shall be laid before Parliament.

(4)   

An order under section 25, 28 or 35 shall not be made unless a draft has been

10

laid before, and approved by resolution of, each House of Parliament.

(5)   

Any other order under this Part, and regulations under this Part, shall be

subject to annulment in pursuance of a resolution of either House of

Parliament.

37      

Extent

15

This Part extends to—

(a)   

England and Wales,

(b)   

Scotland, and

(c)   

Northern Ireland.

Part 4

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General

38      

Repeals

The enactments listed in Schedule 6 are hereby repealed to the extent specified.

39      

Money

There shall be paid out of money provided by Parliament

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(a)   

any expenditure of the Secretary of State in connection with this Act,

(b)   

any expenditure of the National Debt Commissioners in connection with this

Act, and

(c)   

any increase attributable to this Act in the sums payable out of money provided

by Parliament under another enactment.

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40      

Commencement

(1)   

The preceding provisions of this Act shall come into force in accordance with

provision made by order of the Secretary of State.

(2)   

An order under subsection (1)—

(a)   

may make provision that has effect generally or only for specified

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purposes,

(b)   

may make different provision for different purposes,

 

 

Horserace Betting and Olympic Lottery Bill
Part 4 — General

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(c)   

may include incidental, consequential or transitional provision, and

(d)   

shall be made by statutory instrument.

(3)   

Section 29 shall not be brought into force unless the Secretary of State has made

an order under section 22(2).

41      

Extent

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(1)   

An amendment effected by this Act shall have the same extent as the enactment

amended (or as the relevant part of the enactment amended).

(2)   

Sections 14, 20 and 37 are subject to subsection (1) above.

42      

Short title

This Act may be cited as the Horserace Betting and Olympic Lottery Act 2004.

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Revised 3 December 2003