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Horserace Betting and Olympic Lottery Bill


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

15

 

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

incur expenditure.

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27      

Investment

(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

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(b)   

unless re-invested, shall be paid into the Olympic Lottery Distribution

Fund.

(3)   

In exercising a function under this section the National Debt Commissioners

shall comply with any direction of the Treasury.

28      

Winding up

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(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.

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(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

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(b)   

allocated entirely for expenditure on or connected with sport and held

in accordance with section 23(2) of that Act (distributing bodies for

sports).

(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

effect.

30      

Distribution

(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

Schedule 5).

40

 

 

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

16

 

(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

Olympic Games.

(3)   

In exercising its functions under this section the Distributor shall have regard

to—

(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

of—

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

conditions—

(a)   

as to repayment (with or without interest);

(b)   

providing for payments to be made only with the consent of a specified

person.

(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.

31      

Distribution policy

(1)   

The Olympic Lottery Distributor shall comply with any requirement of the

30

Secretary of State to—

(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,

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(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—

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

17

 

(a)   

shall submit a draft of the policy or revision to the Secretary of State,

and

(b)   

shall consult—

(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.

32      

Dissolution

(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

Distributor to—

(i)   

the Secretary of State, or

20

(ii)   

any other person;

(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

particular—

(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

another person;

(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

sports).

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

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(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.

Miscellaneous

33      

Interpretation

15

(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

2012, and

(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

Olympic Committee,

(e)   

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

30

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

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

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

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(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

 

 

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

19

 

(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).

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(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

30

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)

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

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.”

 

 

Horserace Betting and Olympic Lottery Bill
Part 4 — General

20

 

(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—

(a)   

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

5

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

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—

(a)   

this Part, or

(b)   

any other enactment.

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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

circumstances,

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(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

Parliament.

37      

Extent

This Part extends to—

30

(a)   

England and Wales,

(b)   

Scotland, and

(c)   

Northern Ireland.

Part 4

General

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38      

Repeals

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

 

 

 
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