|
| |
| |
modifications (which may, in particular, include modifications reducing a |
| |
distributor’s share to nil). |
| |
(6) | Money paid to the Greater London Authority by virtue of subsection (2)(d) |
| |
may be used by the Authority for any purpose for which it is authorised to |
| |
| 5 |
| |
(1) | Money in the Olympic Lottery Distribution Fund may be paid to the National |
| |
Debt Commissioners and invested by them. |
| |
(2) | Proceeds of an investment under this section— |
| |
(a) | may be re-invested by the National Debt Commissioners, and |
| 10 |
(b) | unless re-invested, shall be paid into the Olympic Lottery Distribution |
| |
| |
(3) | In exercising a function under this section the National Debt Commissioners |
| |
shall comply with any direction of the Treasury. |
| |
| 15 |
(1) | The Secretary of State may by order make provision for the winding up of the |
| |
Olympic Lottery Distribution Fund. |
| |
(2) | An order under this section shall provide, in particular, for any money in or |
| |
due to the Olympic Lottery Distribution Fund to be paid into the National |
| |
Lottery Distribution Fund. |
| 20 |
(3) | An order under this section shall in respect of any payment specify, or enable |
| |
the Secretary of State to specify, whether it is to be— |
| |
(a) | treated as having been paid into the National Lottery Distribution Fund |
| |
by virtue of section 5(6) of the National Lottery etc. Act 1993 (c. 39) |
| |
(general payments into fund), or |
| 25 |
(b) | allocated entirely for expenditure on or connected with sport and held |
| |
in accordance with section 23(2) of that Act (distributing bodies for |
| |
| |
(4) | Provision by virtue of subsection (3)(b) may provide for section 23(2) of that |
| |
Act to apply with specified modifications (which may, in particular, include |
| 30 |
modifications reducing a distributor’s share to nil). |
| |
Olympic Lottery Distributor |
| |
29 | The Olympic Lottery Distributor |
| |
(1) | There shall be a body corporate known as the Olympic Lottery Distributor. |
| |
(2) | Schedule 5 (which makes provision in relation to the Distributor) shall have |
| 35 |
| |
| |
(1) | The Olympic Lottery Distributor shall distribute money received, whether |
| |
under section 26 or otherwise, by way of grant or loan (subject to Part 3 of |
| |
| 40 |
| |
| |
|
| |
| |
(2) | The Distributor may make a grant or loan only if it considers it necessary or |
| |
expedient for the purpose of or in connection with— |
| |
(a) | the provision of facilities which are necessary or expedient if London is |
| |
to be the host city of the 2012 Olympic games, or |
| |
(b) | any other service or function which it is necessary or expedient to |
| 5 |
provide or undertake if London is to be the host city of the 2012 |
| |
| |
(3) | In exercising its functions under this section the Distributor shall have regard |
| |
| |
(a) | the Olympic Charter, and |
| 10 |
(b) | any agreement entered into by or on behalf of the International |
| |
Olympic Committee in the course of or in connection with the election |
| |
of London as the host city for the 2012 Olympic Games. |
| |
(4) | A grant or loan may, in particular, fund expenditure related to the provision |
| |
| 15 |
(a) | facilities outside London; |
| |
(b) | cultural and other events held in accordance with a provision of the |
| |
Olympic Charter or in accordance with an agreement entered into by or |
| |
on behalf of the International Olympic Committee. |
| |
(5) | A grant or loan may be subject to conditions which may, in particular, include |
| 20 |
| |
(a) | as to repayment (with or without interest); |
| |
(b) | providing for payments to be made only with the consent of a specified |
| |
| |
(6) | The Secretary of State may by regulations provide that a specified class of |
| 25 |
expenditure is to be treated as— |
| |
(a) | satisfying the requirements of subsection (2), or |
| |
(b) | not satisfying those requirements. |
| |
| |
(1) | The Olympic Lottery Distributor shall comply with any requirement of the |
| 30 |
| |
(a) | prepare a policy for the distribution of money under section 30, or |
| |
(b) | review and revise the policy. |
| |
(2) | A policy must, in particular— |
| |
(a) | estimate the Distributor’s annual income, |
| 35 |
(b) | specify the sources of the income estimated, |
| |
(c) | specify matters in respect of which the Distributor thinks that it will or |
| |
may make grants or loans, and |
| |
(d) | estimate, where possible, the amount of grants or loans that the |
| |
Distributor will or may make. |
| 40 |
(3) | A requirement under subsection (1) may include provision (which may |
| |
supplement or amplify subsection (2)) about— |
| |
(a) | the form of the policy; |
| |
(b) | the content of the policy. |
| |
(4) | Before preparing or revising a policy the Distributor— |
| 45 |
| |
| |
|
| |
| |
(a) | shall submit a draft of the policy or revision to the Secretary of State, |
| |
| |
| |
(i) | the National Lottery Commission, |
| |
(ii) | the Mayor of London, and |
| 5 |
(iii) | the National Olympic Committee. |
| |
(5) | The Distributor shall as soon as is reasonably practicable send a copy of a |
| |
policy or revision under this section to— |
| |
(a) | the Secretary of State, |
| |
(b) | the Mayor of London, and |
| 10 |
(c) | the National Olympic Committee. |
| |
(6) | Where the Secretary of State receives a copy of a policy or revision under |
| |
subsection (5) he shall lay it before Parliament. |
| |
| |
(1) | The Secretary of State may by order make provision for the dissolution of the |
| 15 |
Olympic Lottery Distributor. |
| |
(2) | An order under this section may, in particular— |
| |
(a) | provide for the transfer of property, rights or liabilities of the |
| |
| |
(i) | the Secretary of State, or |
| 20 |
| |
(b) | make provision enabling a person to receive anything transferred |
| |
under paragraph (a) (and that provision shall have effect despite any |
| |
other enactment or instrument); |
| |
(c) | establish a body corporate; |
| 25 |
(d) | make consequential, incidental or transitional provision which may, in |
| |
| |
(i) | provide for anything done by or in relation to the Distributor to |
| |
have effect as if done by or in relation to another person; |
| |
(ii) | permit anything (which may include legal proceedings) which |
| 30 |
is in the process of being done by or in relation to the Distributor |
| |
when a transfer takes effect, to be continued by or in relation to |
| |
| |
(iii) | provide for a reference to the Distributor in an instrument or |
| |
other document to be treated as a reference to another person. |
| 35 |
(3) | An order transferring a sum of money to the Secretary of State under |
| |
subsection (2)(a)(i) may require the Secretary of State to pay the sum into the |
| |
National Lottery Distribution Fund; and an order containing such provision |
| |
shall specify whether the payment is to be— |
| |
(a) | treated as having been paid into the National Lottery Distribution Fund |
| 40 |
by virtue of section 5(6) of the National Lottery etc. Act 1993 (c. 39) |
| |
(general payments into fund), or |
| |
(b) | allocated entirely for expenditure on or connected with sport and held |
| |
in accordance with section 23(2) of that Act (distributing bodies for |
| |
| 45 |
| |
| |
|
| |
| |
(4) | Provision by virtue of subsection (3)(b) may provide for section 23(2) of that |
| |
Act to apply with specified modifications (which may, in particular, include |
| |
modifications reducing a distributor’s share to nil). |
| |
(5) | The Secretary of State may not make an order under this section providing for |
| |
the transfer of property, rights or liabilities to a person unless the person has |
| 5 |
consented to the transfer. |
| |
(6) | An order under this section— |
| |
(a) | may transfer rights and liabilities relating to employees, but |
| |
(b) | shall not affect the operation of the Transfer of Undertakings |
| |
(Protection of Employment) Regulations 1981 (S.I. 1981/1794). |
| 10 |
(7) | The Secretary of State may not make an order by virtue of subsection (6)(a) |
| |
unless satisfied that sufficient notice has been given to enable compliance with |
| |
any applicable requirement of those regulations. |
| |
| |
| 15 |
| |
(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 |
| |
| |
(ii) | except where the context otherwise requires, the Paralympic |
| 20 |
Games that are to take place in that year, |
| |
(b) | “the National Olympic Committee” means the National Olympic |
| |
Committee of the United Kingdom, |
| |
(c) | “the Organising Committee” means the Organising Committee |
| |
established by the National Olympic Committee, |
| 25 |
(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 |
| |
| |
(e) | “the Olympic Charter” means the Olympic Charter of the International |
| 30 |
| |
(f) | any expression used in connection with the Olympic Games (including |
| |
an expression mentioned in this section) shall have the meaning which |
| |
it has in or in accordance with the Olympic Charter of the International |
| |
Olympic Committee (as it has effect from time to time). |
| 35 |
(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. |
| |
(1) | The National Lottery etc. Act 1993 (c. 39) shall have effect subject to this section. |
| |
(2) | In section 4 (overriding duties)— |
| 40 |
(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 |
| |
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 |
| 5 |
licensee to pay into the National Lottery Distribution Fund sums out of |
| |
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).” |
| 10 |
(4) | In the case of a licence granted under section 5 before the coming into force of |
| |
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). |
| 15 |
(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 |
| |
| 20 |
(b) | the licensee’s liability to pay shall not be affected by his licence |
| |
| |
(6) | For section 10A(14) (breach of licence condition: financial penalty: recovery) |
| |
| |
“(14) | Where under this section one person (“the debtor”) becomes liable to |
| 25 |
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 |
| 30 |
| |
(15) | A penalty under this section may be payable partly to the National |
| |
Lottery Distribution Fund and partly to the Olympic Lottery |
| |
| |
(7) | In section 11 (directions by Secretary of State to National Lottery Commission) |
| 35 |
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. |
| 40 |
(9) | In section 22 (apportionment of National Lottery Distribution Fund: saving)— |
| |
(a) | in subsection (1) for “under section 21(2)” substitute “by virtue of |
| |
| |
(b) | omit subsection (3)(e), and |
| |
(c) | at the end of subsection (4) add “and to section 25 of the Horserace |
| 45 |
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 |
| |
| |
(a) | taking the reference to section 32 of that Act as a reference to section 27 |
| 5 |
| |
(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 |
| |
necessary or expedient in consequence of a change effected after the passing of |
| 10 |
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— |
| |
| |
| 15 |
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 |
| |
| 20 |
(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 |
| |
laid before, and approved by resolution of, each House of Parliament. |
| 25 |
(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 |
| |
| |
| |
| 30 |
| |
| |
| |
| |
| 35 |
| |
The enactments listed in Schedule 6 are hereby repealed to the extent specified. |
| |
| |
| |
|
