National Lottery Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

National Lottery Bill

National Lottery Bill
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(b)
inviting, making or considering applications for grants and
loans under any provision of this Act;
(c)
the use of money paid under any provision of this Act.
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Directions
(1)
In exercising any of its functions the Big Lottery Fund shall comply
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with any direction given to it by the Secretary of State (subject to
subsection (4)).
(2)
A direction under this section may, in particular—
(a)
specify persons to whom the Fund may or may not make grants
or loans;
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(b)
specify purposes for which the Fund may or may not make
grants or loans;
(c)
relate to the process used to determine what payments to make;
(d)
relate to the terms and conditions on which the Fund makes
grants or loans.
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(3)
A direction under this section may, in particular—
(a)
relate to the management and control of money received by the
Fund;
(b)
relate to the employment of staff;
(c)
with the consent of the Treasury, relate to—
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(i)
the form of accounts, or
(ii)
methods and principles for the preparation of accounts;
(d)
in so far as it relates to a matter specified in paragraphs (a) to
(c)—
(i)
relate to the persons to whom or the terms on which the
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Fund delegates functions;
(ii)
require the Fund to obtain the Secretary of State’s
consent before taking action of a specified kind;
(iii)
require the Fund to provide information to the Secretary
of State.
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(4)
A direction under this section, other than a direction given by virtue
only of subsection (3), may not be given by the Secretary of State in
relation to Welsh, Scottish or Northern Ireland devolved expenditure,
but—
(a)
may be given by the National Assembly for Wales in relation to
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Welsh devolved expenditure,
(b)
may be given by the Scottish Ministers in relation to Scottish
devolved expenditure, and
(c)
may be given by the Northern Ireland Department of Culture,
Arts and Leisure in relation to Northern Ireland devolved
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expenditure.
(5)
Before giving a direction under this section, other than by virtue only
of subsection (3), the Secretary of State shall consult—
(a)
the Fund,
(b)
the National Assembly for Wales,
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(c)
the Scottish Ministers, and
(d)
the Northern Ireland Department of Culture, Arts and Leisure.

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(6)
But subsection (5) shall not apply to a direction which relates only to
English devolved expenditure.
(7)
Before giving a direction to the Fund by virtue of subsection (4)(a) to (c)
the person giving the direction shall—
(a)
consult the Fund, and
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(b)
obtain the consent of the Secretary of State.
(8)
A report of the Fund under section 34 shall set out any directions given
to the Fund under subsection (1) that had effect during the financial
year to which the report relates.”
Dissolution of old distributors
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14
Dissolution
(1)
The following shall cease to exist on a day appointed by the Secretary of State
by order—
(a)
the National Lottery Charities Board,
(b)
the Millennium Commission, and
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(c)
the New Opportunities Fund.
(2)
An order under subsection (1) may include consequential, incidental or
transitional provision (which may include provision amending an enactment,
whether by removing a reference to a body, by substituting a reference to the
Big Lottery Fund, or otherwise).
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(3)
An order under subsection (1)—
(a)
shall be made by statutory instrument,
(b)
if it contains provision amending an enactment, shall not be made
unless a draft has been laid before and approved by each House of
Parliament, and
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(c)
in any other case, shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
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Transfer of property, &c.
(1)
In this section—
“old lottery distributor” means a body dissolved by section 14, and
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“the appointed day” means the day appointed under section 14(1).
(2)
The property, rights and liabilities to which an old lottery distributor was
entitled or subject immediately before the appointed day shall on that day vest
in the Big Lottery Fund by virtue of this subsection.
(3)
Anything done by or in relation to an old lottery distributor which has effect
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immediately before the appointed day shall, so far as necessary for continuing
its effect after that day, have effect as if done by or in relation to the Fund.
(4)
Anything (including any legal proceedings) which immediately before the
appointed day is in the process of being done by or in relation to an old lottery
distributor may be continued by or in relation to the Fund.
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(5)
So far as necessary or appropriate in consequence of subsection (2), on and
after the appointed day—

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(a)
a reference to an old lottery distributor in an agreement (whether
written or not), instrument or other document shall be treated as a
reference to the Fund, and
(b)
a reference in an agreement (whether written or not), instrument or
other document to a member or officer of an old lottery distributor shall
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be treated as a reference to a person appointed for the purpose in
writing by the Fund.
(6)
The Fund must provide information on request about an appointment under
subsection (5)(b).
(7)
Subsection (2) shall operate in relation to property, rights or liabilities—
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(a)
whether or not they would otherwise be capable of being transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
apply.
(8)
In so far as subsection (2) transfers liabilities under contracts of employment—
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(a)
nothing in this section shall affect the operation of the Transfer of
Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/
1794), and
(b)
the Secretary of State shall not appoint the appointed day unless
satisfied that sufficient notice has been given to enable compliance with
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any applicable requirement of those regulations.
(9)
Without prejudice to the generality of subsections (3) and (4), the Big Lottery
Fund may do anything it thinks necessary or expedient for the purpose of
giving effect to a decision, agreement or undertaking of an old lottery
distributor (whether in respect of a grant or loan or otherwise) irrespective of
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whether the Big Lottery Fund would have the power under the National
Lottery etc. Act 1993 (c. 39), as amended by this Act, to make that decision or
agreement or to give that undertaking.
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Outstanding balances
(1)
Money that immediately before the appointed day is held in the National
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Lottery Distribution Fund for distribution by an old lottery distributor shall on
that day be treated as—
(a)
allocated under section 22(3)(d) of the National Lottery etc. Act 1993 (as
substituted by section 6 above), and
(b)
held in the Distribution Fund for distribution by the Big Lottery Fund
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in accordance with section 23(4) of that Act (as substituted by section 13
above).
(2)
Money transferred under section 15(2) to the Big Lottery Fund having been
paid to an old lottery distributor under section 24 of the National Lottery etc.
Act 1993 shall be treated as having been paid to the Fund under that section.
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(3)
In this section—
“old lottery distributor” means a body dissolved by section 14, and
“the appointed day” means the day appointed under section 14(1).
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Consequential amendments
(1)
The National Lottery etc. Act 1993 shall be amended as follows.
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(2)
In section 25C(3)(a) for “or 43C(1),” substitute “or 36E,”.
(3)
At the end of section 26 (directions to distributing bodies) add—
“(6)
This section does not apply to the Big Lottery Fund.”
(4)
In section 34 (annual reports)—
(a)
omit subsection (4), and
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(b)
in the heading omit “other than Millennium Commission”.
(5)
In section 35 (accounts)—
(a)
in subsection (7) for “the National Lottery Charities Board, the
Millennium Commission or the New Opportunities Fund” substitute
“the Big Lottery Fund”, and
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(b)
in the heading for “Charities Board and Millennium Commission”
substitute “the Big Lottery Fund”.
(6)
The following shall cease to have effect—
(a)
sections 37 to 39 (the National Lottery Charities Board),
(b)
sections 40 to 43 (the Millennium Commission), and
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(c)
sections 43A to 43D (the New Opportunities Fund).
(7)
In section 44(1) (interpretation) omit the entry for “the Charities Board”.
(8)
In section 60 of that Act (orders and regulations)—
(a)
in subsection (2) for paragraph (a) substitute—
“(a)
section 22(3A), 28, 30 or 36B(3),”, and
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(b)
in subsection (2A) for “section 43B.” substitute “section 22(3A) or
36B(3).”
(9)
The following shall cease to have effect—
(a)
Schedule 5 (National Lotteries Charities Board),
(b)
Schedule 6 (the Millennium Commission), and
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(c)
Schedule 6A (the New Opportunities Fund).
(10)
In Schedule 5 to the Government of Wales Act 1998 (c. 38) (persons who may
be compelled to attend proceedings of or provide documents to the National
Assembly for Wales) after paragraph 7 insert—
“7A
The Big Lottery Fund.”
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National Lottery etc. Act 1993: interpretation
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Meaning of “charitable expenditure”
In section 44(1) of the National Lottery etc. Act 1993 (c. 39) (interpretation) for
the definition of “charitable expenditure” substitute—
““charitable”, in relation to expenditure, means expenditure for a
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benevolent or philanthropic purpose.”
General
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Repeals
The enactments listed in Schedule 3 are hereby repealed to the extent specified.