House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Lottery Bill


National Lottery Bill

1

 

A

Bill

To

Make provision about the National Lottery.                                                              

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

National Lottery Commission

1       

Constitution

(1)   

Schedule 2A to the National Lottery etc. Act 1993 (c. 39) (National Lottery

Commission) shall be amended as follows.

(2)   

For paragraph 2(1) substitute—

5

    “(1)  

The Commission shall consist of at least five members, appointed by

the Secretary of State.”

(3)   

For paragraph 4 substitute—

“4    (1)  

The Secretary of State shall appoint a member of the Commission as

chairman.

10

      (2)  

A member of the Commission who is also an employee of the

Commission may not be appointed as chairman.

      (3)  

The chairman shall hold and vacate office in accordance with the

terms of his appointment; but—

(a)   

sub-paragraphs (2) to (5) of paragraph 3 shall apply to the

15

office of chairman as they apply to the office of member, and

(b)   

if the chairman ceases to be a member he shall cease to be

chairman.”

(4)   

After paragraph 6 insert—

   “(6A)  

(1)  The Secretary of State may appoint the Chief Executive of the

20

Commission as a member.

 
Bill 654/1
 
 

National Lottery Bill

2

 

      (2)  

Where the Chief Executive is appointed as a member—

(a)   

paragraph 5 shall not apply to him, and

(b)   

if he ceases to be Chief Executive he ceases to be a member.

     (3)  

Where the Chief Executive is appointed as a member the Secretary

of State may, on the recommendation of the Commission, appoint

5

another employee of the Commission as a member; and—

(a)   

paragraph 5 shall not apply to a person appointed by

virtue of this sub-paragraph,

(b)   

the Secretary of State may suspend or terminate an

appointment made by virtue of this sub-paragraph if the

10

Chief Executive ceases to be a member, and

(c)   

if a person appointed by virtue of this sub-paragraph

ceases to be an employee of the Commission he shall cease

to be a member.”

2       

Disclosure of information

15

After section 4A of the National Lottery etc. Act 1993 (c. 39) (consultation with

Gambling Commission: inserted by the Gambling Act 2005) insert—

“4B     

Disclosure of information

(1)   

The Commissioners of Customs and Excise may disclose information to

the National Lottery Commission.

20

(2)   

The National Lottery Commission may disclose information to the

Commissioners of Customs and Excise.

(3)   

Information disclosed under this section shall not be further disclosed

except in accordance with subsection (4).

(4)   

Information may be further disclosed—

25

(a)   

in accordance with another statutory power of disclosure,

(b)   

for the purpose of legal proceedings connected with the

operation of an enactment relating to lotteries, or

(c)   

to the National Audit Office for the purposes of the exercise of

functions under Part II of the National Audit Act 1983 (c. 44).

30

(5)   

This section has effect despite any prohibition or restriction that would

otherwise prevent disclosure of information.”

Licensing System

3       

Licensees

In the following provisions of the National Lottery etc. Act 1993 (c. 39) for

35

“body corporate” or “body” substitute “person” (and for “bodies” substitute

“persons”)—

(a)   

section 1(3)(a) and (b) (promotion of lottery),

(b)   

section 5(1), (2) and (4) (and the heading) (licence to run National

Lottery),

40

(c)   

section 6(1) and (4) (and the heading) (licence to promote lotteries),

(d)   

section 7(2)(g) (supplemental), and

 
 

National Lottery Bill

3

 

(e)   

section 10(1) and (2) (revocation).

4       

Length of licence

(1)   

In section 7 of the National Lottery etc. Act 1993 (c. 39) (licensing:

supplemental) after subsection (1) insert—

“(1A)   

The period specified under subsection (1) must—

5

(a)   

begin with the date of grant of the licence, and

(b)   

not exceed 15 years.

(1B)   

A licence granted under section 5 or 6 may include—

(a)   

provision enabling the period specified under subsection (1) to

be extended by the Commission;

10

(b)   

provision enabling the period specified under subsection (1) to

be extended by agreement between the Commission and the

licensee.”

(2)   

In section 7(2) of that Act for “Such a licence” substitute “A licence granted

under section 5 or 6”.

15

5       

Fees

(1)   

After section 7 of the National Lottery etc. Act 1993 (licences: supplemental)

insert—

“7A     

Annual fee

(1)   

The holder of a licence under section 5 or 6—

20

(a)   

shall pay a first annual fee to the Commission within such

period after the issue of the licence as may be prescribed, and

(b)   

shall pay an annual fee to the Commission before each

anniversary of the issue of the licence.

(2)   

In this section—

25

“annual fee” means a fee of such amount as may be prescribed,

and

“prescribed” means prescribed by regulations made by the

Secretary of State.

(3)   

Subsection (1)(b) does not apply in relation to an anniversary of the

30

issue of a licence on or immediately before which the licence ceases, by

virtue of its terms, to have effect.

(4)   

The Commission shall pay fees received by virtue of this section into the

Consolidated Fund.”

(2)   

Section 7(5) and (6) of that Act (fee on grant of licence) shall cease to have effect.

35

(3)   

In section 10 of that Act (revocation of licence)—

(a)   

after subsection (3) insert—

“(3A)   

The Commission shall revoke a licence granted under section 5

or 6 if the licensee fails to pay the annual fee in accordance with

section 7A; but the Commission may disapply this subsection if

40

it thinks that a failure to pay is attributable to administrative

error.”, and

 
 

National Lottery Bill

4

 

(b)   

at the end of subsection (4) add “or under subsection (3A).”

6       

Licensing structure

(1)   

The Secretary of State may by order provide for Schedule 1 (which amends the

licensing structure of the National Lottery) to have effect.

(2)   

Before making an order under subsection (1) the Secretary of State must

5

consult the National Lottery Commission.

(3)   

An order under subsection (1)—

(a)   

may make transitional or incidental provision,

(b)   

may bring all or part of Schedule 1 into force,

(c)   

may make different provision for different purposes,

10

(d)   

shall be made by statutory instrument, and

(e)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

Distribution of Lottery Funds

7       

National Lottery Distribution Fund: apportionment

15

(1)   

Section 22 of the National Lottery etc. Act 1993 (c. 39) (apportionment of money

in Distribution Fund) shall be amended as follows.

(2)   

In subsection (3)—

(a)   

at the end of paragraph (c) add “and”, and

(b)   

for paragraphs (d) and (f) substitute—

20

“(d)   

50 per cent. shall be allocated for prescribed expenditure that

is—

(i)   

charitable, or

(ii)   

connected with health, or

(iii)   

connected with education, or

25

(iv)   

connected with the environment.”

(3)   

After subsection (3) insert—

“(3A)   

In subsection (3)(d) “prescribed expenditure” means expenditure of a

description prescribed by order of the Secretary of State.

(3B)   

A description of expenditure under subsection (3A) may, in particular,

30

refer to expenditure in relation to—

(a)   

England,

(b)   

Wales,

(c)   

Scotland,

(d)   

Northern Ireland, or

35

(e)   

the Isle of Man;

   

and expenditure described by virtue of this subsection is referred to in

this Act as “devolved expenditure”.

(3C)   

Before making an order under subsection (3A) the Secretary of State

shall consult—

40

(a)   

the Big Lottery Fund,

 
 

National Lottery Bill

5

 

(b)   

the National Assembly for Wales,

(c)   

the Scottish Ministers,

(d)   

the Northern Ireland Department of Culture, Arts and Leisure,

and

(e)   

such other persons (if any) as he thinks appropriate.”

5

8       

Reallocation of funds

(1)   

After section 29 of the National Lottery etc. Act 1993 (c. 39) (variation of

percentages for allocation of funds) insert—

“29A    

Reallocation of funds

(1)   

This section applies where money is—

10

(a)   

allocated for a purpose under section 22(3), and

(b)   

held for distribution by a body under section 23.

(2)   

The Secretary of State may by order provide for the money to be held

for distribution by a different body specified in section 23 (without

altering the purpose for which the money is allocated).

15

(3)   

Before making an order under this section the Secretary of State shall

consult—

(a)   

each body mentioned in the order,

(b)   

the National Assembly for Wales,

(c)   

the Scottish Ministers, and

20

(d)   

the Northern Ireland Department of Culture, Arts and Leisure.”

(2)   

In section 60(2) of that Act (orders and regulations: affirmative resolution) after

paragraph (a) (and before the word “or” immediately after that paragraph)

insert—

“(aa)   

section 29A,”.

25

9       

Investment income

In section 32 of the National Lottery etc. Act 1993 (National Lottery

Distribution Fund: investment)—

(a)   

for subsection (3)(a) and (b) substitute “treated as if paid into the Fund

by virtue of section 5(6).”, and

30

(b)   

omit subsection (5).

10      

Distributing bodies: consultation

After section 25(2B) of the National Lottery etc. Act 1993 (application of money

by distributing bodies) insert—

“(2C)   

In determining how to distribute money in accordance with subsection

35

(1) a body may—

(a)   

consult any person;

(b)   

take account of opinions expressed to it or information

submitted to it.”

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 25 May 2005