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Horserace Betting and Olympic Lottery Bill


Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 1 — Constitution

36

 

House of Commons Disqualification Act 1975 (c. 24)

7          

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (other disqualifying offices) omit—

   

“Member appointed by the Secretary of State of the

Horserace Betting Levy Board.”

5

Race Relations Act 1976 (c. 74)

8          

In Part II of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons

subject to statutory duty) omit—

   

“The Horserace Betting Levy Board.”

Freedom of Information Act 2000 (c. 36)

10

9          

In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)

(public authorities) omit—

   

“The Horserace Betting Levy Board.”

Schedule 5

Section 29

 

The Olympic Lottery Distributor

15

Part 1

Constitution

Membership

1     (1)  

The Secretary of State—

(a)   

shall appoint the members of the Olympic Lottery Distributor, and

20

(b)   

shall appoint one of the members as Chairman.

      (2)  

The Secretary of State shall aim to ensure that the Distributor has at least 5

members at any time.

      (3)  

Before making an appointment under sub-paragraph (1) the Secretary of

State shall consult—

25

(a)   

the Mayor of London, and

(b)   

the National Olympic Committee.

Tenure

2          

A person shall hold and vacate office as Chairman or other member of the

Distributor in accordance with the terms of his appointment (subject to this

30

Schedule).

3          

The Secretary of State shall not appoint a person to hold office as Chairman

or other member of the Distributor for a term of more than five years.

4          

The Chairman or another member of the Distributor may resign his office by

notice in writing to the Secretary of State.

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Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 2 — Proceedings

37

 

5          

The Chairman or another member of the Distributor may be removed from

office by the Secretary of State on the grounds that—

(a)   

a bankruptcy order has been made against him, his estate has been

sequestrated or he has made a composition or arrangement with, or

granted a trust deed for, his creditors, or

5

(b)   

he is, in the opinion of the Secretary of State, unable, unfit or

unwilling to discharge the functions of his office.

6          

A person who ceases, otherwise than by virtue of paragraph 5, to be

Chairman or another member of the Distributor may be re-appointed.

Staff

10

7          

The Distributor may appoint staff.

Committees

8     (1)  

The Distributor may establish a committee.

      (2)  

A committee—

(a)   

must include a member or employee of the Distributor, but

15

(b)   

may also include persons who are neither members nor employees

of the Distributor.

Status

9          

The Distributor shall not be regarded as the servant or agent of the Crown

or as enjoying any status, immunity or privilege of the Crown.

20

Supervision

10         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)

(departments, &c. subject to investigation) insert at the appropriate place—

   

“Olympic Lottery Distributor.”

Disqualification

25

11         

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (other disqualifying offices) insert at the appropriate place—

   

“Chairman, or member in receipt of remuneration, of the

Olympic Lottery Distributor.”

12         

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification

30

Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place—

   

“Chairman, or member in receipt of remuneration, of the

Olympic Lottery Distributor.”

Part 2

Proceedings

35

Delegation

13    (1)  

The Distributor may delegate a function to—

 

 

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 2 — Proceedings

38

 

(a)   

a member,

(b)   

an employee,

(c)   

a committee, or

(d)   

any other person.

      (2)  

The following provisions of section 25A of the National Lottery etc. Act 1993

5

(c. 39) (delegation) shall apply (with any necessary modifications) for the

purposes of this paragraph as they apply for the purposes of that section—

(a)   

subsection (4) (power to accept delegation),

(b)   

subsections (5) to (7) (sub-delegation), and

(c)   

subsections (8) to (11) (general).

10

Directions of the Secretary of State

14    (1)  

In exercising its functions the Distributor shall comply with any direction

given to it by the Secretary of State.

      (2)  

A direction under this paragraph may, in particular—

(a)   

relate to the management and control of money received by the

15

Distributor,

(b)   

relate to the terms and conditions on which grants or loans are made

under section 30,

(c)   

require the Distributor to obtain the Secretary of State’s consent

before taking action of a specified kind,

20

(d)   

require the Distributor to provide information,

(e)   

relate to the employment of staff, or

(f)   

with the consent of the Treasury, relate to—

(i)   

the form of accounts, or

(ii)   

methods and principles for the preparation of accounts.

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      (3)  

Before giving a direction under this paragraph the Secretary of State shall

consult the Distributor.

Self-regulation

15         

The Distributor may, subject to this Schedule, regulate its own procedure

and that of its committees (and in particular may specify a quorum for

30

meetings).

Records

16         

In Schedule 1 to the Public Records Act 1958 (definition of public records)

the following entry shall be inserted at the appropriate place in Part II of the

Table at the end of paragraph 3—

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“Olympic Lottery Distributor.”

Annual report

17    (1)  

As soon as is reasonably practicable after the end of each financial year the

Distributor shall send to the Secretary of State a report on the exercise of the

Distributor’s functions during the year.

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Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 3 — Money

39

 

      (2)  

A report under sub-paragraph (1) shall, in particular, specify any directions

given to the Distributor under paragraph 14 that had effect during the

financial year to which the report relates.

      (3)  

The Secretary of State shall lay before Parliament a copy of each report

received by him under this paragraph.

5

Saving

18         

The validity of proceedings of the Distributor shall not be affected by—

(a)   

a vacancy among its members, or

(b)   

a defect in the appointment of a person as Chairman or member.

Part 3

10

Money

Remuneration, &c.

19    (1)  

The Distributor may pay to the Chairman, another member or a member of

a committee—

(a)   

such remuneration as the Secretary of State may determine, and

15

(b)   

such travelling and other allowances as the Secretary of State may

determine.

      (2)  

The Distributor may pay to or in respect of the Chairman or another member

such sums as the Secretary of State may determine by way of, or in respect

of, pensions, allowances or gratuities.

20

      (3)  

If the Secretary of State thinks that there are special circumstances that make

it right for a person ceasing to hold office as Chairman or member of the

Distributor to receive compensation, the Distributor may pay to him such

compensation as the Secretary of State may determine.

20    (1)  

The Distributor may pay sums to or in respect of a member or former

25

member of staff by way of or in respect of—

(a)   

remuneration,

(b)   

allowances,

(c)   

pensions,

(d)   

gratuities, or

30

(e)   

compensation for loss of employment.

      (2)  

In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which

superannuation schemes may extend) in the list of other bodies insert at the

appropriate place—

   

“The Olympic Lottery Distributor.”

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Payments

21         

The Distributor may make payments in respect of expenditure (which may

include expenditure of a capital nature) by—

(a)   

the Distributor, or

(b)   

a person to whom it delegates functions under paragraph 13.

40

 

 

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 3 — Money

40

 

Investment

22         

The Distributor may deposit money in an interest-bearing account (but may

not otherwise invest).

Miscellaneous receipts

23    (1)  

The Secretary of State may pay money to the Distributor for the purpose of enabling

5

it to meet expenditure.

      (2)  

A payment under sub-paragraph (1)—

(a)   

may not be used to make grants or loans under section 30,

(b)   

may be made only where the Secretary of State thinks the Distributor’s

income is or is likely to be insufficient to meet the expenditure to which the

10

payment relates, and

(c)   

may be made on conditions (which may include conditions about

repayment).

24         

The Distributor may accept gifts.

Accounts

15

25    (1)  

The Distributor shall—

(a)   

keep proper accounting records, and

(b)   

prepare a statement of accounts in respect of each financial year.

      (2)  

The Distributor shall send a copy of a statement under sub-paragraph

(1)(b)—

20

(a)   

to the Secretary of State, and

(b)   

to the Comptroller and Auditor General.

      (3)  

A copy of a statement must be sent under sub-paragraph (2) within such

period, beginning with the end of the financial year to which the statement

relates, as the Secretary of State may, with the consent of the Treasury, direct.

25

      (4)  

The Comptroller and Auditor General shall—

(a)   

examine, certify and report on a statement received under this

paragraph, and

(b)   

lay a copy of the statement and his report before Parliament.

Financial year

30

26    (1)  

The financial year of the Distributor shall be the period of 12 months ending

with the 31st March.

      (2)  

But the first financial year of the Distributor shall be the period—

(a)   

beginning with the coming into force of section 29, and

(b)   

ending with the following 31st March.

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